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DOCUMENTS 
DEPT. 


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ACTS  OF  ASSEMBLY 


RELATING    TO    THE 


EASTERN 


STATE 


PENITENTIARY   . 


AS  REGARDS- 


ESTABLISHMENT       ■ 

TREA  TMENT  OF  PRISONERS 

MANAGEMENT 

INSANE  CONVICTS 

CONVICT  LABOR 

BOARD  OF  PUBLIC  CHARITIES 

PENNSYLVANIA  PRISON  SOCIETY 

APPENDIX 

INDEX 


hv 


Printed  at  the 
EASTEEN  STATE  PENITENTIARY, 
Philadelphia,  Pa. 
...     .  1904 • 


LAWS 

RELATING  TO  THE  ESTABLISHMENT  AND  MANAGE- 
MENT OF  THE  EASTERN  PENITENTIARY,  AND 
APPROPRIATIONS  FOR  ENLARGING,  IMPROVING  AND 
BEAUTIFYING  THE  SAME  FROM  TIME  TO  TIME,  AND 
THE  APPROPRIATIONS  FOR  SALARIES,  &c. 


1. 

Eastern  State  Penitentiary  to  be  Erected. 


nCr  STATE  PENITENTIARY,  capable  of  holding 
^  two  hundred  and  fifty  prisoners,  on  the  principal 
of  solitary  confinement  of  the  convicts,  as  the  same  is 
now  or  hereafter  may  be  established  by  law,  shall  be 
erected  at  such  place  within  the  limits  of  the  City  or 
County  of  Philadelphia,  as  the  Commissioners  here- 
after mentioned  shall  fix  and  appoint,  to  be  called  the 
State  Penitentiary  for  the  Eastern  District,  the  ex- 
pense whereof  shall  be  defrayed  in  the  manner  and 
out  of  the  funds  hereinafter  provided. — Section  J,  Act 
of  March  20th,  1821.  ^ 

8 

3597o5 


Commissioners  Appointed  to  Superintend 
Building. 


The  Building  And  be  it  further  enacted  by  the  authority  afore- 

said, That  the  following  named  persons,  viz. ,  Thomas 
Wistar,  Dr.  Samuel  P.  Griffitts,  Peter  Miercken, 
George  N.  Baker,  Thomas  Bradford,  Jr.,  John  Bacon, 
Caleb  Carmalt,  Samuel  P.  Wood,  Thomas  Sparks, 
James  Thackara  and  Daniel  H.  Miller,  be,  and  they 
hereby  are  appointed  Commissioners  for  the  erection 
of  the  said  Penitentiary,  whose  duty  it  shall  be  to 
select  and  purchase  a  suitable  site  within  the  City  and 
County  of  Philadelphia  for  the  same,  the  title  whereof 
shall  be  vested  in  the  Commonwealth  of  Pennsylvania, 
to  make  all  the  necessary  contracts  for  the  building  of 
the  said  Penitentiary,  taking  security  for  the  faithful 
performance  of  the  said  work  in  a  good  and  workman- 
like manner,  and  in  case  of  the  death  or  resignation  of 
any  of  the  said  Commissioners,  before  the  completion 
of  their  trust,  the  Governor  shall  appoint  suitable 
persons  to  fill  the  vacancy. — Section  2,  Act  of  March 
20th,  1821. 


3. 
Plan  of  Building. 


The  said  Penitentiary  shall  be  constructed  on  the 
plan  of  the  Penitentiary  of  Pittsburg,  subject  to  such 
alterations  and  improvements  as  the  said  Commission- 
ers or  a  majority  of  them  may  from  time  to  time,  with 
the  approbation  of  the  Governor,  approve  and  direct : 
Provix)ed  always,  That  the  principal  of  the  solitary 
confinement  of  the  prisoners  be  preserved  and  main- 
tained.—aScc^io??  3,  Act  of  March  20th,  1821. 


\ 

4. 
Appropriation  for  Building  Purposes. 


And  be  it  further  enacted  by  the  authority  afore-  —  - 

•^  "^  $100,000 

said,  That  the  sum  of  one  hundred  thousand  dollars,      appropriated  for 


be,  and  is  hereby  appropriated,  to  be  paid  after  the 
first  day  of  October,  on  warrants  drawn  by  the  Gov- 
ernor in  favor  of  the  said  Commissioners,  on  the 
Treasurer  of  the  Commonwealth,  to  be  by  them  ap- 
plied in  purchasing  the  site  and  thereon  erecting  the 
Penitentiary  aforesaid,  and  the  said  Commissioners 
shall  furnish  a  detailed  statement  of  their  accounts,  to 
the  accountant  department  quarterly,  to  b3  settled  and 
adjusted  in  the  usual  manner  :  Provided,  That  the 
Governor  shall  have  full  power  to  draw  warrants  for 
said  money,  in  such  instalments  only  as  in  his  opinion 
the  progress  of  the  work  requires. — Seetion  4,  Act  of 
March  20th,  1821. 


5 
Sale  of  Certain  Property  Authorized. 


And  be  it  furtlier  enacted  by  the  authority  afore- 
said, that  the  said  Commissioners  be,  and  they  are 
hereby  authorized  to  sell,  or  otherwise  appropriate  all 
the  right,  title,  claim,  and  interest  of  the  Common- 
wealth in  the  vacant  lots  yet  undisposed  of,  the  pro- 
perty of  the  Commonwealth  in  the  City  of  Phila- 
delphia, unimproved  by  the  State,  in  such  manner 
and  at  such  times  as  to  them  may  appear  most  eligible, 
and  the  money  arising  from  such  sales  is  hereby  ap- 
propriated in  addition  to  the  sum  hereinbefore  granted, 
to  defray  the  expenses  of  erecting  the  Penitentiary 
aforesaid  ;  the  said  Commissioiu^rs  to  account  for  the 
proceeds  of  such  sales  and  the  expenditure  thereof,  in 
the  same  manner  as  is  hereinbefore  provided  for  in  re- 


Imildiug  pur- 
poses. 


lation  to  the  moneys  to  be  drawn  from  the  Treasury  : 
Provided  always,  That  if  the  title  to  any  lot  sold  by 
virtue  of  this  act,  shall  prove  to  be  defective,  nothing 
herein  contained  shall  be  construed  so  as  to  bind  the 
State  to  pay  the  value  of  the  same,  or  make  reparation 
for  any  damages  which  may  arise  by  such  defective 
title,  but  the  amount  of  money  received  from  the  sale 
of  such  lot  shall  be  refunded  by  the  said  Commis- 
sioners, and  the  better  to  enable  the  said  Commis- 
sioners to  carry  into  effect  the  provisions  herein  con- 
tained, it  shall  be  the  duty  of  the  Surveyor  General  to 
furnish  to  said  Commissioners,  on  request  made,  free 
of  charge  for  office  fees  or  expenses,  all  information  in 
his  possession,  or  from  the  records  of  the  office,  which 
they  may  need  relative  to  the  vacant  lots  the  property 
of  the  Commonwealth  in  the  City  of  Philadelphia,  un- 
improved by  the  State,  yet  remaining  unsold. — Section 
5,  Act  of  March  20th,  1821. 


Prior  to  the 
erection  of  the 
Eastern  State 
Penitentiary 
the  several 
counties  sent 
their  prisoners 
to  the  jail  of 
Phila.  County. 


Convicts  From  the  Several  Counties  to  be  Sent 

TO  THE  E.  S.  P.  Instead  of  the  Prison 

OF  the  City  of  Philadelphia. 


And  be  it  further  enacted  by  the  authority  afore- 
said. That  if  the  said  Commissioners  of  the  City  and 
County  of  Philadelphia,  shall  comply  with  the  pro- 
visions of  the  seventh  section  of  this  act,  then  and  in 
that  case,  the  right  of  sending  the  convicts  of  the 
several  counties  to  the  prison  of  the  City  and  County 
of  Philadelphia,  reserved  by  the  Commonwealth  by  an 
act  passed  on  the  second  day  of  April,  1803,  entitled, 
'  'An  Act  to  direct  the  sale  of  certain  unimproved  city 
lots,  the  property  of  this  Commonwealth,  in  the  City 
of   Philadelphia,    and    to    appropriate    the   proceeds 


thereof  towards  the  erecting  of  a  building,  for  the  pur- 
pose of  more  completely  carrying  into  effect  the  penal 
laws  of  this  state, ' '  shall  from  and  after  the  completion 
of  the  State  Penitentiary  hereby  authorized  to  be 
built,  cease  and  determine. — Section  8,  Act  of  March 
20th,  1821. 


Commissioners  to  Serve  Without  Pay. 


And  be  it  further  enacted  by  the  authority  afore- 
said, That  the  said  Commissioners  shall  not  be  en- 
titled to  any  compensation  for  their  services,  nor  shall 
it  be  lawful  for  them,  or  either  of  them,  to  be  con- 
cerned as  principals,  agents  or  otherwise,  in  any  con- 
tract connected  with  the  building  of  the  said  peni- 
tentiary, or  derive  any  profit  or  advantage  from  the 
same,  but  they  are  authorized  to  employ  a  clerk, 
whose  duties  it  shall  be  to  take  care  of  the  books  and 
papei's,  and  perform  such  other  duties  as  may  be 
directed  by  them,  which  clerk  shall  receive  for  his 
services  such  compensation  as  the  Commissioners  may 
direct,  not  exceeding  five  hundred  dollars  per  annum, 
payable  out  of  the  moneys  placed  in  their  hands  by 
virtue  of  the  provisions  of  this  act. — Section  9,  Act  of 
March  20th,  1821. 


Commissioners 
not  to  be  con- 
cerned in  any 
contract  where- 
by they  might 
derive  protit  in 
the  erection  of 
E.  S.  P. 


State  Divided  Into  Two  Districts. 


For  the  more  convenient  punishment  of  those 
criminals  hereinafter  mentioned,  this  State  shall  be 
divided  into  two  districts,  and  the  Counties  Fayette, 
Greene,  Washington,  Allegheny,  Westmoreland,  Som- 
erset,   Bedford,   Huntingdon,    Centre,    Mifflin,  Clear- 


field,  McKean,  Potter,  Jefferson,  Cambria,  Indiana, 
Armstrong,  Butler,  Beaver,  Mercer,  Crawford,  Ven- 
ango, Erie  and  AVarren,  shall  compose  the  Western 
district ;  and  the  residue  of  the  state  shall  compose 
the  Eastern  district. — Aet  of  April  lOfh,  1826. 


9 

Lawrence  County  Made  Part  of  the 

AVestern  District. 


The  County  of  Lawrence  is  hereby  attached  to  and 
declared  to  be  part  of  the  Western  Penitentiary  dis- 
trict.— Section  4,  Act  of  March  25th ^  1850. 


10 

Certain  Counties  Attached  to  the  Eastern 

District. 


And  be  it  furtlier  enacted  by  the  authority  afore- 
said. That  the  Counties  of  Centre,  Mifflin,  and  Juniata, 
from  and  after  the  passage  of  this  act,  be  and  the  same 
are  hereby  attached  to  the  Eastern  District  of  Penn- 
sylvania, so  far  as  regards  the  punisliment  of  offenders 
convicted  in  said  Counties. — Section  10^  Act  of  February 
27tli,  1833. 


11 

Certain   Counties  Attached  to  the  Western 

District. 

The  Counties  of  Cameron,  Potter,  Clinton,  Centre, 
Juniata  and  Mifflin  and  Fulton,  from  and  after  the 
passage  of  this  act,  shall  be  and  the  same  are  hereby 
attached  to  the  Western  District  of  Pennsylvania,  so 
far  as  regards  the  punishment  of  offenders  convicted  in 
said  counties  ;  and  all  prisoners  from  said  Counties, 
w^ho  are  now  imprisoned  in  the  Eastern  Penitentiary, 


at  Philadelphia,  shall  be  transferred  to  the  Western 
Penitentiary,  at  Allegheny,  under  the  direction  of  the 
inspectors  of  both  penitentiaries,  there  to  serve  out 
the  unexpired  term  of  their  respective  sentences,  and 
in  accordance  with  the  laws  in  force  in  reference  to 
the  punishment  of  persons  convicted  of  crime  and 
sentenced  to  state  prisons. — Section  1,  Act  of  April 
27fh,  1871. 


12 

An  Act  Appropriating  a  Sum  of  Money  to  the 

Eastern  Penitentiary. 


Be  it  enacted,  &c.,  That  the  further  sum  of  eighty-  S89,i24.09 
nine  thousand  one  hundred  twenty- four  dollars  and  the  e.  s.  p. 
nine  cents,  be  and  the  same  is  hereby  appropriated  for 
the  purpose  of  furnishing  materials  and  carrying  on 
the  Avork,  and  completing  so  much  of  the  original 
plan  as  is  contained  in  estimate  number  two,  of  the 
commissioners,  transmitted  under  date  of  December 
28th,- 1825,  of  the  State  Penitentiary,  under  the  pro- 
visions of  an  act  to  provide  for  the  erection  of  a  State 
Penitentiary  within  the  City  and  County  of  Phila- 
delphia, passed  the  twentieth  day  of  March,  1821. — 
Act  of  March  Ibth,  1826. 


13 
Appropriation  for  a  Water  Supply. 


Be  it  further  enacted,  «&c. ,  That  for  the  purpose  of     r),ooo.oo 
finishing  the    Eastern    Penitentiary,     introducing    a      a^wlter  suppiy^^ 
supply  of  water  from  Fairmount  Water  Works,  and     ^^' 
procuring  the  necessary  furniture  and  fixtures  for  the 
accommodation  and   reception  of  the  prisoners,   the 
sum   of    five    thousand  dollars  be  and  it   is  hereby 
appropriated  for  the  said  purposes,  and  the  Commis- 


sioners  appointed  to  superintend  the  erection  of  the 
State  Penitentiary  for  the  Eastern  District  of  Penn- 
sylvania, are  directed  to  carry  the  same  into  effect ; 
and  to  draw  the  sum  hereby  authorized  from  the  State 
Treasury,  in  the  same  manner  as  is  by  law  provided. — 
Section  12,  Act  of  April  2Uli,  1829. 


14 

Inspectors  of  Eastern  Penitentiary  to  Construct 
Four  Hundred  Cells. 


Be  it  enacted,  &c. ,  That  the  Inspectors  of  the  State 
Penitentiary,  for  the  Eastern  District,  in  the  County 
of  Philadelphia,  be  authorized  and  required,  and  they 
are  hereby  authorized  and  required  to  construct  and 
erect  within  the  outer  walls  of  said  penitentiary  upon 
such  plan  as  they  may  deem  most  expedient,  buildings 
which  shall  contain  at  least  four  hundred  cells,  suit- 
able for  the  confinement  of  convicted  criminals,  in 
solitary  confinement  at  labor  ;  and  to  enable  them  the 
more  effectually  to  perform  the  duties  now  enjoined, 
all  the  rights,  powers  and  privileges  heretofore  given 
to  the  Commissioners  for  building  said  Penitentiary, 
are  hereby  transferred  to  and  vested  in  the  said  in- 
spectors.— Section  1,  Act  of  March  2Sth,  1831. 


15 

County  Commissioners   of    Philadelphia    to  Loan 
Inspectors  $120,000.00. 


Be  it  enacted,  &c. ,  That  for  the  purpose  of  defray- 
ing the  expense  of  erecting  said  buildings,  the  County 
Commissioners  of  the  County  of  Philadelphia,  be  and 
they  are  hereby  authorized,  to  loan  out  of  the  county 
funds  of  said  county,  to  the  aforesaid  inspectors,  one 
hundred  and  twent}^  thousand  dollars,  in  such  sums 

10 


and  at  such  times  as  the  said  Inspectors  may  require 
the  same,  for  the  purpose  aforesaid,  for  the  amount  of 
which  sums  of  money  loaned  as  aforesaid,  certificates 
of  State  Stock  in  proper  form  shall  be  issued  to  the 
County  Commissioners,  of  the  County  of  Philadelphia, 
for  the  use  of  said  County,  which  said  stock  shall  be 
transferable  in  the  same  manner  as  other  State  Stock, 
and  from  and  after  the  first  day  of  January,  1834,  and 
not  before  ;  shall  bear  an  interest  of  five  per  cent. , 
per  annum,  payable  half  yearly,  and  be  redeemable 
thirty  years  after  the  passage  of  this  act  ;  and  the 
said  County  Commissioners  are  hereby  authorized  to 
raise  the  aforesaid  sum  of  one  hundred  and  twenty 
thousand  dollars,  by  loan,  in  any  mode  or  manner  in 
which  money  for  the  ordinary  purposes  and  expenses  of 
said  County  may  by  law  be  raised  or  obtained. — Section 
2,   Ad  of  March  2Sth,  1831. 


IH 

Time    of    the    Removal    of    the    Prisoners    from 

THE  Philadelphia  County  Jail  to  the 

Eastern  State  Penitentiary. 


Be  it  enacted,  &e..  That  the  inspectors  of  the  jail  and 
penitentiary,  on  the  first  Monday  in  April,  1833,  or  as 
soon  thereafter  as  conveniently  may  be,  shall  remove 
all  convicted  criminals,  who  may  then  remain  in  said 
Jail  and  Penitentiary,  to  the  aforesaid  State  Peniten- 
tiary for  the  Eastern  District,  there  to  be  imprisoned, 
kept  and  punished  according  to  law  and  their  several 
sentences,  until  duly  discharged  :  Provided,  The  said 
State  Penitentiary  shall  be  prepared  for  the  reception 
of  said  prisoners  as  hereinbefore  provided  for. — Section 
0,  Act  of  March  2Sth,  1831. 

11 


17 

Appropriation  for  the  Eastern  State 

Penitentiary. 


And  the  further  sum  of  one  hundred  and  thirty 
thousand  dollars,  be  and  is  hereby  appropriated  for 
the  completion  of  the  Eastern  Penitentiary,  the  said 
sum  of  one  hundred  and  thirty  thousand  dollars,  to  be 
paid  by  warrants  drawn  by  the  Governor  in  favor  of 
said  inspectors  ;  Provided,  That  the  Governor  shall 
have  full  power  to  draw  warrants  for  said  money  in 
such  instalments  only  as  in  his  opinion  the  progress 
of  the  work  requires ;  And  Provided  Also,  that  the 
said  inspectors  furnish  a  detailed  statement  of  their 
accounts  to  the  accountant  department,  half  yearly, 
to  be  settled  and  adjusted  in  the  usual  manner,  and 
the  warden  of  the  said  penitentiary  shall  be  authorized 
to  administer  an  oath  or  affirmation  where  it  may  be 
necessary  in  the  performance  of  his  duties. — Part  of 
Section  2,  Act  of  February  27th,  1833. 

18 

Sixty    Thousand    Dollars   Appropriated    to   the 

Eastern  Penitentiary. 


The  sum  of  sixt}^  thousand  dollars  is  hereby  appro- 
priated for  the  completion  of  the  Eastern  Penitentiary, 
and  for  the  paving  of  the  street  in  front  of  the  same, 
to  be  paid  out  of  any  unappropriated  moneys  in  the 
treasury,  from  time  to  time,  as  the  state  of  the  work 
may  require.-    Section  2,  Act  of  April  14^/i,  1835. 


19 
Appropriation  for  the  Payment  of  Debts. 


Be  it  enacted,  &c. ,  That  the  sum  of  ten  thousand 
dollars,  be  and  the  same  is  hereby  specifically  appro- 
priated for  the  payment  of  debts  contracted  in  the 


12 


construction  and  completion  of  the  buildings  of  the 
Eastern  Penitentiary,  to  be  paid  out  of  any  money  not 
otherwise  appropriated,  on  a  warrant  or  warrants 
drawn  by  the  Governor  in  favor  of  the  inspectors 
of  said  Penitentiary  :  Provided,  That  the  inspectors 
furnish  a  detailed  statement  of  the  accounts  to  the 
accountant  department,  to  be  settled  and  adjusted  in 
the  usual  manner. — Section  1,  Act  of  March  3rd,  1838. 


20 

The    State    Treasurer    to    Loan   Ten    Thousand 

Dollars  for  the  Purchase  of  Raw  Materials 

FOR  Manufacturing  Purposes. 


That   the  State   Treasurer,    be,    and  he   is  hereby     »ioooo.oo 

.,.,  ,  'iJi  xxi.'  J.  £        loaned  for  man- 

authorized  and  required  to  loan  to  the  inspectors  ot  „iacturing  pur- 
the  Eastern  Penitentiary,  the  sum  of  ten  thousand  p^^^^- 
dollars,  to  be  applied  exclusively  towards  the  pay- 
ment of  debts  incurred  in  the  purchase  of  raw 
materials,  for  manufacturing  purposes,  to  be  repaid  to 
the  Commonwealth  out  of  the  proceeds  of  the  sales  of 
manufactured  articles  at  the  end  of  two  years  from 
the  passage  of  this  Act,  Provided,  That  full  and  de- 
tailed statements  of  the  manner  in  which  the  said 
money  is  applied  shall  be  furnished  to  the  accountant 
department  within  thirty  days  after  the  said  money 
is  received  from  the  State. — Section  2,  Act  of  March 
3rd,  1838. 

21 
Salaries  in  the  E.  S.   P.  as  Regulated  by 
Act  of  1843. 


That  from  and  after  the  passage  of  this  Act,  the 
salaries  of  the  officers  of  the  Eastern  Penitentiary 
shall  be  as  follows,  to  wit :  The  Warden  shall  not  re- 

13 


,^8000.00  appro- 
priated for  sal- 
aries. 


ceive  more  than  twelve-hundred  dollars;  the  Physician 
not  more  than  five  hundred  dollars;  the  Moral  In- 
structor not  more  than  five  hundred  dollars;  the 
Principal  Overseer  not  more  than  six  hundred  dollars; 
each  of  the  other  male  overseers  not  more  than  four 
hundred  dollars ;  the  female  nurse  and  overseer  not 
more  than  three  hundred  dollars  each  ;  the  gate- 
keeper not  more  than  four  hundred  dollars  ;  each  of 
the  watchmen  not  more  than  three  hundred  and  sixty 
five  dollars  ;  and  the  clerk  not  more  than  eight  hund- 
red dollars  per  annum :  Provided  however,  That 
not  more  than  two  watchmen  shall  be  employed  at  one 
time,  unless  the  Board  of  Inspectors  shall  at  any  time 
agree  that  another  watchman  is  indispensably  neces- 
sary.— Section  14-,  Act  of  April  17th,  184-3. 


22 

Appropriation  for  Gratuities  to  Discharged 

Convicts. 


$600.00  for  dis-  For  the  payment  of  gratuities  to  convicts  discharged 

charged  con- 
victs, from  the  state  penitentiary  by  the  Act  of  April  23rd, 

1829,  the  sum  of  six  hundred  dollars. — Act  of  May  31st, 
1844- 

(The   appropriation    for   this   i)urpose   continued    uniform    until    \M~.     See 
Section  24,  below.) 


23 

Appropriation  to  the  Eastern   Penitentiary  and 

Salaries  Fixed. 


To  the  Eastern  Penitentiary,  eight  thousand  dollars; 
and  hereafter  the  Wardens  of  the  Eastern  and  Wes- 
tern Penitentiaries  shall  each  receive  a  compensation 
not  exceeding  twelve  hundred  dollars  ;  the  Moral  In- 
structors not  more  than  five  hundred  each  ;  the 
principal  overseers  not  more  than  six  hundred  dollars 
each,  and  each  of  the  other  male  overseei-s  not  more 
than  five  hundred  dollars  per  annum,  to  be  fixed  by 


14 


the  Inspectors  of  the  said  Penitentiaries  ;  the  said 
sums  hereby  appropriated  to  the  Eastern  and  West- 
ern Penitentiaries,  shall  be  applied  towards  the  pay- 
ment of  the  salaries  of  the  Officers  of  said  Institutions, 
the  accounts  to  be  settled  in  the  usual  manner,  and 
the  annual  reports  now  required  by  law  from  the  In- 
spectors of  said  Penitentiaries,  shall  hereafter  embrace 
a  detailed  statement  of  the  manner  in  which  the  sums 
annually  appropriated  are  expended,  together  with  an 
accurate  account  of  the  amounts  paid  for  materials 
and  for  subsistence  of  prisoners,  and  the  amounts  re- 
ceived from  the  profits  of  labor,  so  as  to  show  dis- 
tinctly the  balance  of  expenditures  over  the  re- 
ceipts from  labor  :  Provided,  that  the  Wardens  of  the 
Eastern  and  Western  Penitentiaries  shall  furnish  to 
the  several  counties  a  separate  account  of  the  expense 
of  and  labor  performed  by  the  pi'isoners  from  each 
county,  before  any  county  shall  be  required  to  pay  any 
excess  for  keeping  its  prisoners,  and  the  said  Wardens 
shall  furnish,  under  oath  or  affirmation,  a  similar 
accoimt  to  the  Legislature  annually  ;  and  any  excess 
that  shall  remain  after  paying  the  expense  of  main- 
taining said  prisons,  shall  be  paid  annually  into  the 
State  Treasury. — Section   24-,  Act  of   May   Slst,    I84.4. 

(The  appropriation  for  salaries  continued  uniform  with  tlie  provisions  of  this 
Act  until  ]S5o.     See  Section  28,  below. 


24 
Appropriation  for  Gratuities. 


And  for  the  payment  of  gratuities  of  convicts  dis- 
charged from  the  State  Penitentiaries,  one  thousand 
dollars  ;  two  thirds  of  which  shall  be  appropriated  to 
the  use  of  the  Eastern,  and  one  third  to  the  use  of 
the  Western  Penitentiary. — Section  20,  Act  of  March 
16th,  1847. 

(The  approi)riations  for  gratuities  continued  uniform  until  1860.     See  Section 
30.) 


Annual  reports 
of  InspeCtors^to 
embrace  certain 
statements. 


Statements  to 
be  furnished 
Counties. 


The  later 
clause  of  this 
Act  is  now  void. 


15 


25 
Potter  County  Added  to  Eastern  District. 


That  from  and  after  the  passage  of  this  Act,  all 
persons  sentenced  to  the  penitentiary  from  the  County 
of  Potter,  shall  be  conveyed  to  the  Eastern  Peniten- 
tiary of  this  Commonwealth,  under  the  same  pro- 
visions as  they  are  now  conveyed  to  the  Western 
Penitentiary. — Act  of  March  22nd,  1850. 


26 
Certain  Appropriations  Made  Permanent. 


That  the  appropriations  made  to  the  Eastern  Peni- 
tentiary by  the  Acts  of  April  23rd,  1829  ;  April  3rd, 
1830  ;  March  24th,  1836  ;  and  March  3rd,  1838,  be, 
and  the  same  are  hereby  continued  to  the  use  of  said 
penitentiary  (Eastern)  as  a  permanent  fund  for  the 
proper  employment  of  the  prisoners  therein  confined, 
to  be  continued  from  year  to  year  until  otherwise 
directed  by  law. — Section  JfS,  Act  oj  May  Jfili,  1852. 


27 

An  Appropriation  for  Certain  Repairs. 


That  ten  thousand  dollars  be,  and  the  same  is  here- 
by appropriated  to  the  use  of  the  Eastern  Penitentiary, 
the  said  sum  to  be  made  use  of  for  the  purpose  of 
making  necessary  repairs  to  said  Institution. — Section 
5,  Act  of  May  2nd,  1853. 


28 
Appropriation  for  Salaries,   1855. 


For    the   payment  of    the  salaries  of    the  Officers 
of    the    Eastern    Penitentiary,    nine    thousand    five 


16 


hundred  dollars.  Provided,  That  the  amount  of 
salaries  to  be  paid  to  said  Officers  shall  be  fixed  by 
the  respective  Boards  of  Inspectors,  and  shall  in  no 
case  exceed  the  rates  allowed  prior  to  the  Act  of  April 
17th,  IMS.— Section  55,  Act  of  May  7th,  1855. 

(In   1856,  the  sum  of  eight  thousand  seven  hundred  was  appropriated  for 
saharies,  and  in  1857  the  sum  of  nine  thousand  two  hundred  dollars.) 


29 

Appropriation  for  Salaries  and  for  Paving 

Twenty-Second  Street. 


For  the  payment  of  the  salaries  of  the  Officers  of  the 
Eastern  Penitentiary  the  sum  of  twelve  thousand 
eight  hundred  dollars,  and  for  paving  22nd  Street 
along  the  Western  side  of  said  Penitentiary,  one 
thousand  dollars. — Section  28,  Act  of  April  2ht,  1858. 

(The  appropriations  for  salaries  continued  uniform  until  1865.  The  sum  of 
two  thousand  four  hundred  and  twenty  three  dollars  was  appropriated  for 
necessary  repairs  in  1859  ;  and  in  1861  the  sum  of  fifteen  thousand  dollars  was 
appropriated  for  same  purpose. ) 


Inspectors 
allowed  to  fix 
salaries. 


$2423.00  and 
$15000.00  appro- 
priated for  re- 
pairs. 


30 
Appropriation  for  Discharged  Convicts. 


And  the  additional  sum  of  four  dollars  for  each 
discharged  convict,  who  shall  be  released  from  the 
State  Penitentiaries. — Section  30,  Act  of  April  13th, 
1860. 

(This  Act  continued  in  force  until  1863.     See  Section  31  helow. ) 


31 
Appropriation  for  Discharged  Convicts,  1863. 


And  for  each  discharged  convict  from  the  City  of 
Philadelphia,  or  whose  residence  is  within  fifty  miles 
thereof,  the  sum  of  five  dollars,  and  ten  dollars  to  each 


convict  whose  residence  or  settlement  is  fifty  miles 
or  over  from  the  Penitentiary.  And  Provided  Fur- 
ther, That  the  sum  of  thres  thousand  dollars  is  here- 
by appropriated  for  the  purpose  of  securing  an  ample 
supply  of  fresh  water  for  said  penitentiary  ;  and  two 
thousand  five  hundred  dollars  for  the  manufacture  in 
said  penitentiary,  of  gas  for  lighting  the  corridor, 
yards  and  walls  inside  the  same  ;  and  for  books  and 
stationery  for  the  use  of  the  convicts,  two  hundred 
and  fifty  dollars,  to  be  expended  under  the  direction 
of  the  Warden,  or  so  much  thereof  as  may  be  neces- 
sary, and  to  be  accounted  for  to  the  Auditor  Greneral. 
—Section  30,  Act  of  April  lJf.th,  1863. 

(The  clause  relating  to  the  gratuity  to  be  paid  discharged  convicts  is  the  one 
in  force  to-day. ) 

The  appropriations  for  salaries  varied  from  1863  to  1901,  when  the  appropria- 
tion made  below  was  passed.  For  a  complete  list  of  all  appropriations  made  to 
the  Eastern  State  Penitentiary,  see  appendix. 


32 

Certain  Counties  to  be  Added  to  the 

Western  District. 

Be  it  enacted,  &c..  That  the  Counties  of  Cameron, 
Potter,  Clinton,  Centre,  Mifflin,  Juniata  and  Fulton, 
from  and  after  the  passage  of  this  Act,  shall  be  and 
the  same  are  hereby  attached  to  the  Western  District 
of  Pennsylvania,  so  far  as  regards  the  punisnment  of 
offenders  convicted  in  said  Counties. — Act  of  April 
27th,  1871. 

33 

An  Act  Exempting  Penitentiaries  from 

Taxation. 


That  all  real  estate  within  this  Commonwealth  shall 
be  liable  to  taxation  for  all  such  pui-poses  as  now  is 
or  hereafter  may  be  provided  by  general  laws. 
Excepting    and    exempting   from    such   taxation   all 

18 


lunatic  asylums,  alms  houses,  poor  houses,  houses  of 
refuge,  peuitentiaries  and  asylums,  schools  and  hos- 
pitals supported  by  the  appropriation  annually  made 
thereto  b}^  this  Commonwealth,  together  with  the 
lands  attached  to  the  same. — Act  of  April  8th,  1873. 


34 

Appropriation    to   the    Eastern    Penitentiary  by 

THE  Act  of  1901. 

Be  it  enacted,  &c..  That  the  following  sums,  or  as 
much  thereof  as  may  be  necessary,  be,  and  the  same 
are  hereby  specifically  appropriated  to  the  Eastern 
Penitentiary  for  the  two  fiscal  years  beginning  June 
1st,  1901,  for  the  following  purposes,  viz.: 

For  repairs,  the  sum  of  three  thousand  dollars,  or  so 
much  thereof  as  may  be  necessary. 

For  salaries  of  officers,  the  sum  of  one  hundred  and 
twenty  five  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary. 

For  library  and  stationery,  the  sum  of  one  thousand 
dollars,  or  so  much  thereof  as  may  be  necessary. 

For  tunnels  under  corridors,  the  sum  of  three 
thousand  dollars,  or  so  much  thereof  as  may  be 
necessary. 

For  engine  and  boiler  house,  the  sum  of  ten  thous- 
and dollars,  or  so  much  thereof  as  may  be  necessary. 

For  engines,  dynamos,  connections,  etc.,  the  sum 
of  eight  thousand  dollars,  or  so  much  thereof  as  may 
be  necessary. 

For  boilers  and  settings,  the  sum  of  seven  thousand 
dollars,  or  so  much  thereof  as  may  be  necessary. 

For  extra  foundations  for  boilers  and  engines,  the 
sum  of  two  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary. 

For  piping,  fittings,  etc. ,  the  sum  of  three  thousand 
dollars,  or  so  much  thereof  as  may  be  necessary. 


Approved  tor 
$2000.00. 


Approved  for 
15000.00 


Approved  for 
^000.00. 


Approved  for 
$5000.00. 


19 


For  repairs  to  drainage  system,  the  sum  of  two 
thousand  dollars,  or  so  much  thereof  as  may  be  neces- 
sary. 

For  belt  line  water  pipe,  the  sum  of  fourteen  hun- 
dred dollars,  or  so  much  thereof  as  may  be  necessary. 

For  water  service  connections  thereto  the  sum  of 
three  thousand  dollars,   or  so  much  thereof  as  may 
be  necessary. 
•For  revision  of  electric  lighting  system,  the  sum  of 

Approved  for 

$3000.00.  five  thousand  dollars,  or  so  much  thereof  as  may  be 

necessary. 

For  new  roof  to  seventh  block,  the  sum  of  one 
iihousand  dollars  or  as  much  thereof  as  may  be  neces- 
sary. 

For  alteration  of  present  boiler  house  to  cells,  the 
sum  of  fifteen  hundred  dollars,  or  as  much  thereof 
as  may  be  necessary. 

Said  appropriation  to  be  paid  in  accordance  with 
the  provisions  of  an  Act  of  Assembly  approved  March 
15th,  1899.  (/See  Act  referred  to  under  head  of  Manage- 
ment, Article  87. ) 

(It  will  be  noticed  from  above  Act,  that  the  Inspectors  are  allowed  to  regulate 
the  salaries  of  Officers  of  the  Institution  in  any  amounts  they  see  proper,  so 
the  total  amount  of  salaries  paid  does  not  exceed  the  appropriation  for  this 
purpose.) 


TREATMENT. 


LAWS  RELATING    TO    THE   TREATMENT    OF 
PRISONERS  IN  THE  PENITENTIARY. 


(Extracts  from  the  penal  code  of  1790,  most  of  which  have  become  obsolete,  or 
been  amended  by  the  Act  of  1829,  though  certain  features  remain  intact  to  the 
present  time.) 


35 

How  Convicts  to  be  Fed,  Clothed    and    Kept   at 

Labor. 


Be  it  enacted  by  the  authority  aforesaid,  That  all 
such  convicts  shall,  at  the  public  expense  of  such  Coun- 
ty, ^during  the  term  of  their  confinement,  be  clothed  in 
habits  of  course  materials,  uniform  in  color  and  make, 
and  distinguishing  them  from  the  good  citizens  of  this 
Commonwealth,  and  the  males  shall  have  their  heads 
and  beards  close  shaven  at  least  once  in  every  week, 
and  all  such  offenders  shall,  during  the  said  term,  be 
sustained  upon  bread,  Indian  meal,  or  other  inferior 
food,  at  the  discretion  of  said  Inspectors,  and  shall  be 
allowed  one  meal  of  course  meat  in  each  week,  and 
shall  be  kept,  as  far  as  may  be  consistent  with  their 
sex,  age,  health  and  ability,  to  labor  of  the  hardest  and 
most  servile  kind,  in  which  the  work  is  least  liable  to 
be  spoiled  by  ignorance,  neglect  or  obstinacy,  and 
where  the  materials  are  not  easily  embezzled  or 
destroyed;  and  if  the  work  to  be  performed  is  of  such  a 
nature   as   may  require  previous  instruction,   proper 


Most  of  this  Act 
has  become  ob- 
solete, though 
portions  are  em- 
bodied in  the 
rules  prescribed 
by  the  Inspec- 

t01"S. 


This  portion  of 
this  Section  was 
repealed  by  Act 
of  1829,  the  In- 
spectors being 
given  more  dis- 
cretion in  allow- 
ing visitors. 
The  later  por- 
tion is  part  of 
the  present 
rules  and  regu- 
lations. 


Portions  of  this 
Act  have  been 
embodied  in  the 
Rules  of  the  In- 
stitution though 
modified  by 
time. 


persons  for  that  purpose,  to  whom  a  suitable  allow- 
ance shall  be  made,  shall  be  provided  by  order  of  any 
two  of  the  Inspectors  hereafter  named  ;  during  which 
labor  the  said  offenders  shall  be  kept  separate  and 
apart  from  each  other,  if  the  nature  of  their  several 
employments  will  admit  thereof  ;  and  where  the 
nature  of  such  employment  requires  two  or  more  to 
work  together,  the  keeper  of  said  jail,  or  one  of  his 
deputies,  shall  if  possible,  be  constantly  present. — 
Section  IS,  Act  of  April  5th,  1790. 


36 
Relating  to   Visitors  and    Certain   Regulations. 


Be  it  enacted  by  the  authority  aforesaid.  That  no 
person  whatever,  except  the  keeper,  his  deputies,  ser- 
vants or  assistants,  the  said  Inspectors,  Officers  and 
Ministers  of  Justice,  Counsellors  or  Attorneys  at  Law, 
employed  by  a  prisoner.  Ministers  of  the  Gospel,  or 
persons  producing  a  written  license  signed  by  two  of 
said  Inspectors,  shall  be  permitted  to  enter  within  the 
walls  where  said  offenders  shall  be  confined;  and  that 
the  doors  of  all  lodging  rooms  and  cells  in  said  jail 
shall  be  locked,  and  all  lights  therein  extinguished  at 
the  hour  of  nine,  and  one  or  more  watchmen  shall 
patrol  the  said  jail  at  least  twice  in  every  hour,  from 
that  time,  until  the  return  of  the  time  of  labor  in  the 
morning  of  the  next  day. — Section  18,  Act  of  April  5th 
1790. 


37 

Relating  to  the  Exercise  of  Prisoners. 


Be  it  enacted  by  the  authority  aforesaid.  That  the 
walls  of  the  cells  and  the  apartments  in  said  jail  shall 
be  whitewashed  with  lime  and  water,  at  least  twice  in 
every  year,  and  the  floors  of  said  cells  and  apartments 


32 


shall  be  washed  once  every  week,  or  oftener,  if  said  In- 
spectors shall  so  direct,  by  one  or  more  of  the  said 
prisoners,  iii  rotation,  who  at  the  discretion  of  the  said 
keeper  shall  have  an  extra  allowance  of  diet  for  so 
doing;  and  the  said  prisoners  shall  be  allowed  to  walk 
and  air  themselves  for  snch  stated  time  as  their  health 
may  require,  and  the  said  keeper  shall  permit,  and  if 
proper  employment  can  be  found,  such  prisoners  may 
be  also  permitted,  with  the  approbation  of  two  of  said 
Inpectors,  to  work  in  the  yard,  provided  such  airing 
and  working  in  the  yard  be  in  the  presence,  or  within 
the  view,  of  the  said  keeper,  or  his  deputies  or  asist- 
ants. — Section  19,  Act  of  April  5th  1790. 


38 

Relating   to    the    Punishment    of    Prisoners    for 

Breach  of  Prison  Rules. 


Be  it  enacted  by  the  authority  aforesaid.  That  the 
keeper  of  the  said  jail  shall  have  power  to  punish  all 
suclT  prisoners  guilty  of  assaults  within  the  said  jail, 
when  no  dangerous  wound  or  bruise  is  given,  profane 
cursing  or  swearing,  or  indecent  behaviour,  idleness, 
or  negligence  in  work,  or  wilful  mismanagement  of  it, 
or  of  disobedience  to  the  orders  and  regulations  here- 
inafter directed  to  be  made,  by  confining  such  offenders 
in  the  dark  cells  or  dungeons  of  the  said  jail,  and  by 
keeping  them  upon  bread  and  water  only,  for  any 
term  not  exceeding  two  days  ;  and  if  any  such 
prisoner  shall  be  guilty  of  any  offence  within  the  said 
jail,  which  the  said  keeper  is  not  hereby  authorized 
to  punish,  or  for  which  he  shall  think  the  said  punish- 
ment is  not  sufficient  by  reason  of  the  enormity  of  the 
offence,  he  shall  report  the  same  to  two  of  the  In- 
spectors, etc. — Act  of  April  5th,  1790. 

(The  rest  ol'  this  Section  has  been  repealed. ) 


Portions  of  this 
Section  are  em- 
bodied in  tha 
Rules  and 
Regulations  at 
the  present  time 


The  later  por- 
tion has  been 
repealed. 


28 


39 

Penalty    for    Selling   Spirituous  Liquors  in   the 

Jails  Except  in  Cases  of  Sickness. 


And  be  it  further  enacted  by  the  authority  afore- 
said, That  if  any  jailor  sliall  sell  or  suffer  to  be  sold 
to  the  prisoners,  or  other  persons,  any  spirituous 
liquors,  or  shall  suffer  any  spirituous  liquors  under 
any  pretence  whatever,  except  in  cases  of  sickness,  to 
be  given  to  any  of  the  said  prisoners  in  any  quantity 
or  measure,  such  jailor  so  offending  upon  conviction 
thereof,  shall  forfeit  and  pay  the  sum  of  fifty  dollars 
for  every  such  offence,  and  shall  be  moreover  removed 
from  being  keeper  of  such  jail  or  prison,  and  it  shall 
be  the  duty  of  the  Court  of  the  proper  County  to 
examine  into  the  conduct  of  the  jailor  in  this  respect 
at  each  Court  or  Quarter  Sessions,  and,  if  necessary, 
to  send  for  and  examine  witnesses  in  this  behalf. — 
Section  5,  Act  of  April  J^th,  1807. 


40 

To    Prevent   the   Coroner    of    Philadelphia 

County  from  Holding  Inquests  in 

Certain  Cases,  Etc. 


Be  it  enacted,  &c..  That  from  and  after  the  passage 
DutyofPhysi-       ^f  ^ihig  Act,  it  shall  uot  be  the  duty  of  the  Coroner  of 

cian  to  said 

jail.  the  County  of  Philadelphia  to  hold  an   inquest  on  the 

body  of  any  convict  or  untried  prisoner,  who  may  die 
during  his  or  her  confinement  in  the  prison  or  common 
jail  of  said  County,  unless  required  by  the  Inspectors 
thereof,  except  in  cases  of  murder,  suicide,  man- 
slaughter, or  death  caused  by  casualties  ;  and  that  no 
inquest  shall  be  held  by  the  Coroner  of  said  County  on 
the  body  of  any  convict  or  untried  prisoner  who  may 

24 


die  in  the  jail  of  said  County,  except  as  is  hereinbefore 
provided. 

Section  2  :  And  be  it  further  enacted,  &c. ,  That  it 
shall  be  the  duty  of  the  attending  physician  of  said 
jail  to  certify  to  the  Inspectors  thereof,  the  name  and 
age  of  every  convict  or  untried  prisoner  who  may  die 
in  said  jail,  together  with  the  disease  or  cause  of 
death  of  such  convict  or  untried  prisoner,  so  far  as  he 
can  ascertain  the  same,  and  the  said  Inspectors  shall, 
and  they  are  hereby  required  to  cause  the  said  cer- 
tificate to  be  fairly  copied  into  a  book  to  be  kept  by  them 
for  that  purpose,  and  after  the  same  is  copied  cause  the 
said  certificate  to  be  sent  to  the  Board  of  Health  for  the 
Port  of  Philadelphia,  whose  duty  it  shall  be  to  file  the 
same,  and  the  said  Inspectors  shall  and  they  are  here- 
by required  to  have  the  body  of  the  person  interred. 

Section  3  :  And  be  it  further  enacted,  &c.,  That 
so  much  of  any  law  as  is  hereby  altered  or  supplied, 
be,  and  the  same  is  hereby  repealed. — Aet  of  March 
29th,  1819. 


41 
Persons  Convicted  of  Crimes    Committed  in  East- 
ern   District   After    July    1st,    1829,    to    be 
Sentenced  to  Solitary  Confinement  at  Labor 
IN  Eastern  Penitentiary. 


Be  it  enacted,  &c..  That  from  and  after  the  first 
of  July  next,  every  person  who  shall  be  convicted  in 
any  Court  in  the  Eastern  District  of  any  of  the 
following  crimes,  viz. :  murder  in  the  second  degree, 
manslaughter,  high  treason,  arson,  rape,  sodomy, 
or  buggery,  burglary,  forgery,  passing  counterfeit 
money,  robbery,  kidnapping,  mayhem,  horse-steal- 
ing and  perjury,  committed  after  the  first  day  of 
July  next,  shall,  instead  of  the  Penitentiary  punish- 

25 


This  Act  repeals 
portion  of  Act  of 
1790. 


Section  relating 
to  Grand  Juries 
repealed  by  Act 
of  April,  1834. 


ments  heretofore  prescribed,  be  sentenced  by  the 
proper  court  to  suffer  punishment  by  separate  or 
solitary  confinement  at  labor  in  the  manner  and  for 
the  time  and  times  hereinafter  prescribed,  in  the  State 
Penitentiary  for  the  Eastern  District,  in  the  County 
of  Philadelphia,  and  for  that  purpose  to  be  removed  to 
the  said  Penitentiary  at  the  expense  of  the  State. — 
Section  2,  Act  of  April  2Srd  1829. 


42 
Regulations  for  Convicts   in   Penitentiary 
First  Day  of  July,   1829. 


FROM 


And  be  it  further  enacted,  &c.  That  from  and  after 
the  first  day  of  July  next,  all  and  every  person  ad- 
judged to  suffer  separate  or  solitary  confinement  at 
labor  in  the  Eastern  and  Western  Penitentiaries, 
shall  be  kept  singly  and  separately  at  labor  in  the 
cells  or  work  yards  of  said  prisons,  and  be  sustained 
upon  wholesome  food  of  a  course  quality,  sufficient 
for  the  healthful  support  of  life,  and  be  furnished  with 
clothing  suited  to  their  situation,  at  the  discretion  of 
the  Inspectors  of  said  prisons;  and  that  during  the 
confinement  of  such  prisoners  no  access  shall  be  had  to 
them  by  any  person  or  persons,  except  the  In- 
spectors and  officers  of  the  Institution  hereinafter  men- 
tioned, the  Grand  Juries  of  the  Cities  of  Philadelphia 
and  Pittsburg,  and  the  Counties  of  Allegheny  and 
Philadelphia,  and  the  official  visitors  hereinafter 
named,  and  such  other  persons  as  may  be  permitted 
for  highly  urgent  reasons,  by  any  rule  or  regulation  of 
the  Board  of  Inspectors. — Section  3,  Act  of  April  2Srd, 
1829. 

43 
Mode  of  Punishment. 


And  be  it  further  enacted,  &c. ,  That  instead  of  the 
penitentiary  punishment    heretofore  prescribed,    the 


26 


punishment  by  solitary  confinement  at  labor  shall  be 
inflicted  upon  the  several  offenders  who  shall,  after 
the  first  day  of  July  next,  commit  and  be  legally  con- 
victed of  any  of  the  offenses  hereinafter  enumerated 
and  specified,  that  is  to  say  ;  Murder,  manslaughter, 
high  treason,  arson,  rape,  burglary,  sodomy  or  buggery , 
forgery,  robbery,  mayhem,  kidnapping,  horse-stealing, 
perjury,  shall  be  sentenced  to  undergo  imprisonment 
in  one  of  the  State  Penitentiaries,  as  the  case  may  be, 
and  to  be  kept  in  separate  or  solitary  confinement  at 
labor  for  the  term  of  their  sentence,  and  be  fed,  clothed 
and  treated  as  is  provided  in  this  Act. — Act  of  April 
23rd,  1829. 


Crimes  for 
which  persons 
are  to  be  sen- 
tenced to  the 
Penitentiary  of 
the  State  and 
the  manner  of 
their  treatment 
while  there. 


44 
Of  the  Reception  of  Convicts,  &c. 


Every  convict  sentenced  to  imprisonment  in  the 
Penitentiary  shall  immediately  after  the  sentence  shall 
have  been  finally  pronounced,  be  conveyed  by  the 
Sheriff  of  the  County  in  which  he  was  condemned  to 
the  Penitentiary.  On  the  arrival  of  a  convict,  im- 
mediate notice  shall  be  given  to  the  Physician,  who 
shall  examine  the  state  of  his  or  her  health,  he  or  she 
shall  then  be  stripped  of  his  or  her  clothes,  and 
clothed  in  the  uniform  of  the  prison,  in  the  manner 
hereinafter  provided,  being  first  bathed  and  cleaned. 
He  or  she  shall  then  be  examined  by  the  Clerk  and 
the  Warden  in  the  presence  of  as  many  of  the  Over- 
seers as  can  conveniently  attend,  in  order  to  their 
becoming  acquainted  with  his  or  her  person  and 
countenance,  and  his  or  her  name,  height,  apparent 
and  alleged  age,  place  of  nativity,  trade,  complexion, 
color  of  hair  and  eyes,  and  length  of  his  or  her  feet,  to 
be  accurately  measured,   shall  be  entered  in  a  book 


27 


provided  for  that  purpose,  together  with  such  other 
natural  or  accidental  marks,  or  peculiarity  of  feature 
or  appearance  as  may  serve  to  identify  him  or  her, 
and  if  the  convict  can  write,  his  or  her  signature  shall 
be  written  under  the  said  description  of  his  or  her 
person. 

All  the  effects  on  the  person  of  the  convict,  as  well 
as  his  clothes  shall  be  taken  from  him  or  her,  and 
specially  mentioned  and  preserved  under  the  care  of 
the  Warden,  to  be  restored  to  him  or  her  on  his  or  her 
discharge. 

If  the  convict  is  not  in  such  ill  health  as  to  require 
being  sent  to  the  infirmary,  he  or  she  shall  then  be 
conducted  to  the  cell  assigned  to  him  or  her,  numeri- 
cally designated  by  which  he  or  she  shall  thereafter 
be  known  during  his  or  her  confinement. — Section  J, 
Act  of  April  23rd,  1829. 

45 

Of  the  Clothing  and  Diet  of  the  Convicts. 


The  uniform  of  the  prison  for  males  shall  be  a 
jacket  and  trowsers  of  cloth  or  other  warm  stuff  for 
the  winter,  and  lighter  material  for  the  summer,  the 
form  and  color  shall  be  determined  by  the  Inspectors, 
and  two  changes  of  linen  shall  be  furnished  to  each 
prisoner  every  week.  No  prisoner  is  to  receive  any- 
thing but  the  prison  allowance.  No  tobacco  in  any 
This  clause  re-       form  sliall  bc  uscd  by  the  convicts,  and  any  one  who 

pealed  by  Acts  *^ 

of  1866,  and  shall  supply  them  with  it,  or  with  wine  or  spirituous 

or  intoxicating  fermented  liquor,  unless  by  order  of 
the  physician,  shall  be  fined  ten  dollars,  and  if  an 
Officer,  be  dismissed. — Section  6,  Act  of  April  23,  1829. 


46 
Relating  to  Visitors. 


No  person  who  is  not  an  official  visitor  of  the  prisons, 
or  who  has  not  a  written  permission  according  to  such 

28 


rules  as  the  Inspectors  maj^  adopt  as  aforesaid,  shall 
be  allowed  to  visit  the  same  ;  the  official  visitors  are 
the  Governor,  Speaker  and  Members  of  the  Senate, 
Speaker  and  Members  of  the  House  of  Kepresentatives, 
the  Secretary  of  the  Commonwealth,  the  Judges  of  the 
Supreme  Court,  the  Attorney  General  and  his  depu- 
ties, the  President  and  Associate  Judges  of  all  the 
Courts  in  the  State,  the  Mayor  and  Recorder  of  the 
Cities  of  Philadelphia,  Lancaster  and  Pittsburg,  Com- 
missioners and  Sheriffs  of  the  several  Counties,  and 
the  Acting  Committee  of  the  Philadelphia  Society  for 
the  Alleviation  of  the  Miseries  of  the  Public  Prisons. 

None  but  the  official  visitors  can  have  any  commu- 
nication with  the  convicts,  nor  shall  any  visitor  what- 
ever be  permitted  to  deliver  to  or  receive  from  any  of 
the  convicts,  any  letter  or  message  whatever,  or  to 
supply  them  with  any  article  of  any  kind  under  the 
penalty  of  one  hundred  dollars  fine,  to  be  recovered  as 
hereinbefore  provided  for  other  fines  imposed  by  this 
Act. 

Any  visitor  who  shall  discover  any  abuse,  infraction 
of  law,  or  oppression,  shall  immediately  make  the 
same  known  to  the  Board  of  Inspectors  of  the  Com- 
monwealth, if  the  Inspectors  or  either  of  them  are 
implicated. — Seetion  7,  Act  of  April  2S,  1829. 


47 
Of  the  Discharge  of  the  Convicts. 


Whenever  a  convict  shall  be  discharged  by  the  ex- 
piration of  the  term  for  which  he  or  she  was  condemn- 
ed, or  by  pardon,  he  or  she  shall  take  off  the  prison 
uniform,  and  have  the  clothes  which  he  or  she  brought 
to  the  prison  restored  to  him  or  her,  together  with  the 
other  property,  if  any,  that  was  taken  from  him  or  her 

29 


Power  given  to 
Inspectors  of 
prisons  to  dis- 
charge convicts 
in  certain  cases 
where  their 
time  is  out. 


on  his  or  her  commitment,  that  has  not  been  otherwise 
disposed  of. 

When  a  prisoner  is  to  be  discharged,  it  shall  be  the 
duty  of  the  Warden  to  obtain  from  him  or  her  as  far 
as  is  practicable,  his  or  her  former  history  ;  what 
means  of  literary,  moral  or  religions  instruction,  he 
or  she  enjoyed ;  what  early  temptations  to  crime  by 
wicked  associations,  or  otherwise  he  or  she  was  exposed 
to  ;  his  or  her  general  habits,  predominant  passions 
and  prevailing  vices,  and  in  what  part  of  the  country 
he  or  she  purposes  to  fix  his  or  her  residence,  all  of 
which  shall  be  entered  in  a  book  to  be  kept  for  that 
purpose,  together  with  his  or  her  name,  age,  and  time 
of  discharge. 

If  the  Inspectors  and  Warden  have  been  satisfied 
with  the  morality,  industry  and  order  of  his  conduct, 
they  shall  give  him  a  certificate  to  that  effect,  and 
shall  furnish  the  discharged  convict  with  four  dollars, 
to  be  paid  by  the  State,  w^hereby  the  temptation 
to  immediately  commit  offences  against  society,  before 
employment  can  be  obtained,  may  be  obviated. — 
Section  8th,  Act  of  April  23rd,  1829. 


48 

Relating  to  the  Discharge  of  Prisoners  Unable 

TO  Pay  Fine,  Etc. 


Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  Commonwealth  of  Pennsylvania  in 
General  Assembly  met,  and  it  is  hereby  enacted  by 
the  authority  of  the  same.  That  from  and  after  the 
passage  of  this  Act,  the  respective  Boards  of  Inspectors 
of  the  State  Penitentiaries  for  the  Eastern  and  Wes- 
tern Districts,  shall  be  authorized  to  discharge  from 
prison,  without  the  delay  and  expense  of  any  proceed- 
ing under  the  Insolvent  Laws  of  this  Commonwealth, 


30 


every  convict  who  may  have  served  out  the  term  of 
imprisonment  at  labor,  to  which  such  prisoner  now 
has  been  or  hereafter  may  be  sentenced,  notwith- 
standing such  prisoner  may  not  have  paid  the  costs 
of  prosecution  or  any  fine  to  the  Commonwealth,  or 
restored  the  property  stolen,  or  paid  the  value  thereof, 
if  in  the  judgment  of  the  said  Board  of  Inspectors, 
such  prisoner  is  unable  to  pay  or  restore  the  fame  : 
Provided  always.  That  such  discharge  shall  in  no  way 
interfere  with  the  right  of  the  Commonwealth,  or  the 
public  officers,  or  any  person  or  persons  interested  in 
the  payment  or  restitution  aforesaid  to  proceed  under 
the  judgment  or  judgments  of  conviction,  to  recover 
the  amount  from  the  property  of  such  prisoner  ;  and 
that  for  this  purpose  the  Attorney  General  or  his 
proper  deputy,  shall,  if  he  deem  it  for  the  interest  of 
the  Commonwealth,  or  at  the  request  of  any  person 
interested,  issue  writs  of  Fieri  Facias  and  Venditioni 
Exponas,  and  other  writs  of  execution  as  the  case  may 
require,  against  such  property,  and  all  property,  real 
or  personal,  of  such  prisoner,  taken  in  execution  by 
virtue  of  such  writs,  shall  be  sold  as  in  other  cases 
real  or  personal  property  is  sold  by  virtue  of  similar 
writs;  and  such  sales  shall  be  available  and  effectual 
in  law  as  sales  in  other  cases  by  virtue  of  similar 
writs  :  And  provided  also.  That  no  such  discharge 
shall  be  allowed  or  granted  by  the  said  Board  of  In- 
spectors, until  such  prisoner  shall  have  exhibited  to 
them  on  oath  or  affirmation,  duplicate  schedules  of  all 
his  property,  real,  personal,  or  mixed,  to  which  he  is 
in  any  manner  entitled,  as  far  as  he  can  ascertain  the 
same,  one  of  which  schedules  or  lists  of  property,  it 
shall  be  the  duty  of  the  said  Inspectors  to  file  and 
preserve,  with  the  papers  of  the  prison,  and  the  other 
immediately  to  trarsmit  to  the  Clerk  of  the  Oyer  and 


Not  to  interfere 
with  the  lawful 
collection  of 
fines. 


Corivict  to  ex- 
hibit schedules 
of  property. 


81 


Terminer,  or  Quarter  Sessions,  or  Mayor's  Court,  as 
the  case  may  be,  in  which  the  said  prisoner  was  tried, 
to  be  filed  there  also,  with  other  papers  relating  to 
the  case. — Act  of  January  17th,  1831. 


This  Act  has 
become  inoper- 
ative since  the 
passing  of  the 
Commutation 
Act  of  1901. 


49 

Conveyance   of    Convicts   to    Penitentiary   to  be 

Paid  by  the  Counties. 


That  hereafter  the  expenses  of  conveying  convicts 
from  the  several  Counties  of  this  Commonwealth  to  the 
Eastern  and  Western  Penitentiaries,  shall  be  paid  by 
the  Counties  from  which  such  convicts  may  be  sent 
and  no  repeal  of  this  Act,  in  general  terms,  shall  be 
so  construed  as  to  repeal  this  provision. — Sectiori  5,  Act 
of  April  16th,  18^5. 


50 

Sentences  Not  to  Expire  Between  November 

15th  and  February  15th. 


Be  it  enacted,  &c. ,  That  after  the  first  day  of  July 
next,  no  convict  shall  be  sentenced  by  any  Court  of 
this  Commonwealth  to  either  of  the  Penitentiaries 
thereof,  for  any  term  which  shall  expire  between  the 
fifteenth  day  of  November  and  the  fifteenth  day  of 
February,  of  any  year. — Act  of  February  18th,  184-7. 


51 

Fulfilment   of    Sentence   to    Have   Same   Effect 

AS  A  Pardon. 


Where  any  person  hath  been,  or  shall  be  convicted 
of  any  felony,  not  punishable  with  death,  or  any  mis- 


32 


demeanor  punisliable  with  imprisonment  at  labor,  and 
hath  endured,  or  shall  endure  the  punishment  to 
which  such  offenders  hath  been  or  shall  be  adjudged 
for  the  same,  the  punishment  so  endured  shall  have  ~ 

the  like  effects  and  consequences  as  a  pardon  by  the 
Governor,  as  to  the  felony  or  misdemeanor  whereof 
such  person  was  so  convicted  :  Provided,  That  nothing 
herein  contained,  nor  the  enduring  of  such  punish- 
ment, shall  prevent  or  mitigate  any  punishment  which 
the  offender  might  otherwise  be  lawfully  sentenced  on  ^.,^^^j  penury 
a  subsequent  conviction  for  any  other  felony  or  mis-  excepted. 
demeanor,  and  that  the  provisions  of  this  Section  shall 
not  extend  to  a  case  of  a  party  convicted  of  wilful  and 
corrupt  perjury. — Section  181^  Act  of  March  31st,  1860. 


52 

Sentence  to  the  Penitentiary. 


A^henever  any  person  shall  be  sentenced  to  im- 
prisonment at  labor,  by  separate  or  solitary  confine- 
ment, for  any  period  not  less  than  one  year,  the  im- 
prisonment and  labor  shall  be  had  and  performed  in 
the  State  Penitentiary  for  the  proper  district :  Pro- 
vided, That  nothing  in  this  Section  contained  shall 
prevent  such  person  from  being  sentenced  to  imprison- 
ment and  labor,  by  separate  or  solitary  confinement, 
in  the  County  Prisons  now  or  hereafter  authorized  by 
Law  to  receive  convicts  of  a  like  description  :  And 
Provided  Also,  That  no  convict  shall  be  sentenced  by 
any  Court  of  this  Commonwealth,  to  either  of  the 
Penitentiaries  thereof,  for  any  term  which  shall  expire 
between  the  fifteenth  of  November  and  the  fifteenth 
of  February  of  any  year. — Section  74.,  Act  of  March  31st, 
1860. 


m 


53 
Use  of  Tobacco  Allowed  to  Convicts. 


Be  it  enacted,  &c. ,  That  the  Inspectors  and  Warden, 
of  either  of  the  Penitentiaries  of  the  State,  may  per- 
mit any  convict,  in  said  Penitentiary,  to  use  tobacco, 
to  a  limited  extent,  as  a  reward  for  good  conduct,  on 
the  part  of  any  such  convict,  under  such  restrictions 
as  may  be  prescribed. — Act  of  April  16th,  1866. 


54 

An  Act    to    Provide    for    the    Imprisonment    of 

Persons  Whose  Sentences  Shall  be 

Commuted  by  the   Governor. 


Be  it  enacted,  «&c. ,  That  it  shall  be  the  duty  of  the 
Wardens  or  Keepers  of  the  State  Penitentiaries  of  this 
Commonwealth,  to  receive  into  the  prison  under  their 
charge,  on  the  order  or  warrant  of  the  Governor,  any 
person  convicted  of  any  crime  punishable  with  death, 
whose  sentence  shall  have  been  commuted  by  the  Gov- 
ernor, on  condition  of  being  confined  for  life  or  for  a 
term  of  years  in  one  of  the  State  Penitentiaries,  and 
to  keep  and  confine  such  person  safely,  as  is  by  Law 
provided  for  the  keeping  and  confinement  of  convicts 
sentenced  to  imprisonment  in  the  Penitentiaries  of  this 
Commonwealth,  and  subject  to  the  Laws  and  Regu- 
lations providing  therefore  ;  and  it  shall  be  the  duty 
of  the  Sheriff  of  the  County  in  which  such  person  was 
condemned,  on  receipt  of  such  order  or  warrant  of  the 
Governor,  to  immediately  convey  such  person  to  the 
State  Penitentiary,  at  the  cost  of  such  County,  and  de- 
liver said  order  or  warrant  to  the  Warden  or 
Keeper  of  such  Penitentiary  :  Provided,  That  the  per- 
son convicted  in  any  of  the  Counties  composing  the 
Eastern  District  and  whose  sentences  may  be  com- 

34 


muted, shall  be  confined  in  the  State  Penitentiary  of  said 
district,  and  those  convicted  in  any  of  the  Counties 
composing  the  Western  District,  and  whose  sentences 
may  be  commuted,  shall  be  confined  in  the  State  Pen- 
itentiary of  said  district. — Act  of  April  29th,  187 Jf. 


55 
Free   Tobacco  may  be  Furnished  to   Prisoners. 


Be  it  enacted,  &c. ,  That  it  shall  be  lawful  for  the 
Board  of  Prison  Inspectors  of  any  County  in  the  State, 
at  their  discretion,  to  furnish  tobacco  to  convicts,  and 
the  cost  of  the  same  shall  be  allowed  as  part  of  the  or- 
dinary prison  expenses. — Ad  oj  June  8tli,  1871/-. 


56 

Prisoners    to    be    Allowed    Daily,    Weekly     or 

Monthly   Papers. 


Be  it  enacted  &c. ,  That  it  shall  be  lawful  for  the 
Wardens  of  the  Penitentiaries  of  this  State  at  their  dis- 
cretion, at  the  request  of  any  prisoner  therein,  or  any 
relative  or  friend  of  such  who  will  furnish  him  means 
to  pay  for  the  same,  to  subscribe  for  any  daily,  weekly 
or  monthly  paper  or  periodical  of  a  moral,  political  or 
religious  character,  and  receive  and  deliver  the  same 
to  such  convict  :  Provided  However,  That  such 
papers  and  periodicals  first  meet  the  approval  of  the 
Inspectors  of  such  Penitentiaries. — Act  of  May  8th, 
1876. 


57 

Inmates  May  Select  Their  Own  Spiritual 

Advisers. 


Be  it  enacted,  &c. ,  That  all  persons  confined  or  de- 
tained in  any   prison,    reformatory,  house  of  refuge, 


35 


home,  hospital,  or  other  institutions  founded  for  the 
punishment,  correction  of  crime,  or  the  relief  of  the 
sick  and  friendless,  and  supported  in  whole  or  in  part 
by  the  funds  drawn  from  the  Public  Treasurj^,  shall 
have  the  privilege  of  practicing  the  religion  of  their 
choice,  and  shall  be  at  liberty  to  secure  for  that  pur- 
pose the  services  of  any  minister  connected  with  any 
religious  denmoination  in  the  State:  Provided,  That 
such  service  shall  be  personal  to  the  inmate  or  inmates, 
and  not  interfere  with  the  established  order  of  re- 
ligious  services  of  the  Institution  or  Institutions: 
Provided  Further,  That  such  established  services  shall 
not  be  of  a  sectarian  character. — Act  of  June  11th,  1879. 


58 

Provision    Made    for    the    Distribution    of    the 

Dead  Bodies  of  Convicts  not  Claimed  by 

Friends  or  Relatives. 


Be  it  enacted,  &c. ,  That  the  Professors  of  Anatomy, 
the  Professors  of  Surgery,  the  Demonstrators  of 
Anatomy  and  the  Demonstrators  of  Surgery  of  the 
Medical  and  Dental  Schools  and  Colleges  of  this  Com- 
monwealth, which  are  now  or  may  hereafter  become 
incorporated,  together  with  one  representative  from 
each  of  the  Incorporated  Schools  of  Anatomy  or 
Practical  Surgery,  within  this  Commonwealth,  in 
which  there  are  from  time  to  time,  at  the  time  of  the 
appointment  of  such  representatives,  shall  be  not  less 
than  five  scholars,  shall  be  and  hereby  are  constituted 
a  Board  for  the  distribution  and  delivery  of  dead 
human  bodies,  hereinafter  described,  to  and  among 
such  persons  as,  under  the  provisions  of  this  Act,  are 
entitled  thereto.  The  Professor  of  Anatomy  in  the 
University  of  Pennsylvania,  at  Philadelphia,  shall  call 
a  meeting  of  said  Board  for  organization  at  a  time  and 

36 


place  to  be  fixed  by  him  within  thirty  days  after  the 
passage  of  this  Act.  The  said  Board  shall  have  full 
power  to  establish  rules  and  regulations  for  its  govern- 
ment, and  to  appoint  and  remove  proper  officers,  and 
shall  keep  full  and  complete  minutes  of  its  transac- 
tions ;  and  records  shall  also  be  kept  under  its 
direction  of  all  bodies  received  and  distributed  by  said 
board,  and  of  the  persons  to  whom  the  same  may  be 
distributed,  which  minutes  and  records  shall  be  open 
at  all  times  to  the  inspection  of  each  member  of  said 
Board,  and  of  any  district  attorney  of  any  county 
within  the  Commonwealth. 

Section  2. — All  public  officers,  agents  and  servants, 
and  all  officers,  agents  and  servants  of  any  and  every 
county,  city,  township,  borough,  district  and  other 
municipality,  and  of  any  and  every  alms-house,  prison, 
morgue,  hospital,  or  other  public  institution  having 
charge  or  control  over  dead  human  bodies,  required  to 
be  buried  at  the  public  expense,  are  hereby  required 
to  notify  the  said  board  of  distribution  or  such  per- 
son or  persons  as  mny,  from  time  to  time  be  designated 
by  said  board  or  its  duly  authorized  officer  or  agent, 
whenever  any  such  bodies  come  to  his  or  their  pos- 
session, charge  or  control,  and  shall,  without  fee  or 
reward,  deliver  such  body  or  bodies,  and  permit  and 
suffer  the  said  board  and  its  agents,  and  the  phy- 
sicians and  surgeons  from  time  to  time  designated  by 
them,  who  may  comply  with  the  provisions  of  this 
Act,  to  take  and  remove  all  such  bodies  to  be  used 
within  this  State  for  the  advancement  of  medical 
science,  but  no  such  notice  need  be  given,  nor  shall 
any  such  body  be  delivered  if  any  person  claiming  to 
be  and  satisfying  the  authorities  in  charge  of  said  body 
that  he  or  she  is  of  kindred  or  is  related  by  marriage 
to  the  deceased,  shall  claim  the  said  body  for  burial, 

37 


but  it  shall  be  surrendered  for  interment,  nor  shall  the 
notice  be  given  or  body  delivered  if  such  deceased 
person  was  a  traveler  who  died  suddenly,  in  which 
case  the  said  body  shall  be  buried.  And,  Provided 
Also,  That  for  this  purpose  such  dead  body  shall  be 
Body  to  be  held     held  subjcct  to  their  order  in  the  county  where  the 

24  hours.  •     i  i  i 

death  occurs  for  a  period  not  less  than  twenty-four 
hours.— ^c^  of  June  13th,  1883. 


59 

Certain  Convicts  in  State  Prisons  May  be 

Transferred  to  the  Reformatory. 


Whenever  there  is  unoccupied  room  in  the  Reform- 
atory, the  Board  of  Managers  may  make  requisitions 
upon  the  Inspectors  of  the  State  Prisons,  who  shall 
select  such  number  as  is  required  by  such  requisition 
from  among  the  youthful,  well-behaved,  and  most 
promising  convicts  in  the  State  Prisons  of  the  class 
described  in  Section  four  of  this  Act,  (see  Act  of  1887, 
page  64)  and  transfer  them  to  the  Reformatory  for 
education  and  treatment  under  the  rules  and  regula- 
tions thereof  ;  and  the  Board  of  Managers  are  hereby 
authorized  to  receive  and  detain,  during  the  term  of 
their  sentence  to  the  State  Prison,  such  prisoneis,  so 
transferred  ;  and  the  Laws  applicable  in  the  State 
Prisons  to  convicts,  so  far  as  they  relate  to  the  com- 
Commutation         mutatioii  of  imprisonment  for  good  conduct,  and  the 

laws  to  apply  to 

such  convicts.  provisious  of  tliis  Act,  shall  be  applicable  to  said  con- 
victs, when  transferred  under  this  Section. — Section  7, 
Act  of  April  28th,  1887. 


60 

Certain  Inmates    of    the    Reformatory    May    be 

Transferred  to  the  State  Prison. 

The  Board  of   Managers   shall   have   the   power   to 
transfer  temporarily  to  the  State  Prison  of  the  proper 

38 


district  any  prisoner  who,  subsequent  to  his  committal 
shall  be  shown  to  their  satisfaction  to  have  been,  at 
the  time  of  his  conviction,  more  than  twenty-five  years 
of  age,  or  to  have  been  previously  convicted  of  crime; 
and  may  also  transfer  any  apparently  incorrigible 
prisoner,  whose  presence  in  the  reformatory  appears  to 
be  seriously  detrimental  to  the  well  being  of  the  insti- 
tution. And  such  Managers  may,  by  written  requisi- 
tions, require  the  return  to  the  reformatory  of  any 
person  who  may  have  been  so  transferred. — Section  10, 
Act  of  April  28th,  1887. 


61 
Commutation  Law  of  1901. 


Section  1. — Beit  enacted,  &c..  That  every  convict 
confined  in  any  State  Prison,  Penitentiary,  Work- 
House,  or  County  Jail  in  this  State,  on  a  conviction  of 
felony  or  misdemeanor,  whether  male  or  female,  where 
thejierm  or  terms  equal  or  equals  or  exceeds  one  year, 
exclusive  of  any  term  which  may  be  imposed  by  the 
Court  or  by  statue  as  an  alternative  to  the  payment  of 
a  fine,  or  term  of  life  imprisonment,  may,  if  the  Gov- 
ernor shall  so  direct,  and  with  the  approval  of  the 
Board  of  Inspectors  or  Managers,  earn  for  himself  or 
herself  a  commutation  or  diminution  of  his  or  her  sen- 
tence as  follows,  namely  :  Two  months  for  the  first 
year,  three  months  for  the  second  year,  four  months 
each  for  the  third  and  fourth  years,  and  five  months 
for  each  subsequent  year.  And  for  every  fractional 
part  of  a  year  the  said  convict  may  earn  the  same  rate 
of  commutation  as  is  provided  for  the  year  in  which 
said  fractional  part  occurs. 

Section  2. — When  any  convict  in  any  State  Prison 
Penitentiary,    Work-House    or   County   Jail    in   this 

39 


Basis  for  esti- 
mate of  commu- 
tation. 


Monthly  report 
to  be  made  to 
the.  Governor. 


Condition  to  be 
annexed  by  the 
Governor. 


State  is  held  under  more  than  one  conviction,  the 
several  terms  of  imprisonment  imposed  thereunder 
shall  be  construed' as  one  continuing  term,  for  the  pur- 
pose of  estimating  the  amount  of  commutation  to 
which  he  or  she  may  be  entitled  under  the  provisions 
of  this  Bill.  ' 

Section  3. — On  Siny  day  not  later  than  the  twentieth 
day  of  each  month,  the  Board  of  Inspectors  or  Man- 
agers, or  the  Warden,  Superintendent  or  Keeper  of 
each  of  the  State  Prisons,  Penitentiaries,  Work- 
Houses  or  County  Jails  of  this  State,  shall  forward  to 
the  Governor  a  report,  directed  to  him,  of  any  convict 
or  convicts  who  may  be  discharged  the  following 
month  by  reason  of  the  Commutation  of  his  or  her 
sentence  or  sentences,  which  shall  contain  the  follow- 
ing information,  namely :  The  full  name  of  the  con- 
vict, together  with  any  alias  which  he  or  she  may 
be  known  to  have  ;  the  name  of  the  County  where  the 
conviction  was  had ;  a  brief  description  of  the  crime 
of  which  the  convict  was  convicted  ;  the  name  of  the 
Court  in  which  the  conviction  was  had  ;  the  name  of 
the  presiding  judge  ;  the  date  of  the  sentence ;  the 
date  of  the  reception  in  the  penitentiary ;  the  term 
and  fine  ;  the  amount  of  commutation  recommended, 
and  the  date  of  discharge  from  the  prison,  penitenti- 
ary, work-house  or  jail,  if  allowed. 

Section  4. — The  Governor  shall,  in  commuting  the 
sentences  of  convicts  as  provided  for  in  this  Act, 
annex  a  condition  to  the  effect  that  if  any  convict  so 
commuted  shall,  during  the  period  between  the  date 
of  his  or  her  discharge  by  reason  of  such  commutation 
and  the  date  of  the  expiration  of  the  full  term  for 
which  he  or  she  was  sentenced,  be  convicted  of  any 
felony,  he  or  she  shall,  in  addition  to  the  penalty 
which  may  be  imposed  for  such  felony  committed  in 


40 


the  interval,  as  aforesaid,  be  compelled  to  serve  in  the 
prison,  penitentiary  or  work-house  in  which  he  or  she 
may  be  confined  for  the  felony  for  which  he  or  she 
is  convicted,  the  remainder  of  the  term,  without  com- 
mutation, which  he  or  she  would  have  been  compelled 
to  serve  but  for  the  commutation  of  his  or  her 
sentence  as  provided  for  in  this  Act. 

Section  5. — The  Board  of  Inspectors  and  Managers 
of  State  Prisons,  Penitentiaries,  Work-Houses  and 
County  Jails  in  this  State  shall  meet  once  every  month, 
before  the  date  fixed  for  the  transmission  of  their  re- 
port to  the  Governor,  as  hereinbefore  provided,  and 
proceed  to  determine  the  amount  of  commutation  which 
they  shall  recommend  to  be  allowed  any  convict,  which 
shall  not  in  any  case  exceed  the  amount  fixed  by  this 
Act.  They  shall  have  full  discretion  to  recommend 
the  with-holding  of  the  allowance  of  commutation  for 
good  conduct  or  a  part  thereof,  as  a  punishment  for 
offenses  against  the  discipline  of  the  Prison,  Peniten- 
tiary or  County  Jail,  or  for  any  attempt  to  escape  there- 
from. In  all  cases  however,  where  the  Board  shall  re- 
commend the  withholding  of  the  allowance  of  the  whole 
or  any  part  of  the  commutation  for  good  conduct,  they 
shall  forward  with  their  report  to  the  Governor  their 
reasons,  in  writing,  for  such  disallowance,  and  the 
Governor  may,  in  his  discretion,  decrease  or  increase 
the  amount  of  commutation  as  recommended  by 
the  said  Board,  but  he  shall  not  increase  the  same 
beyond  the  amount  fixed  by  this  Act.  Provided, 
However,  That  the  Governor  shall  not  execute  any 
of  the  rights  or  powers  herein  granted  unto  him 
until  the  Lieutenant  Governor,  Secretary  of  the 
Commonwealth,  Attorney  General  and  Secretary  of 
Internal  Affairs,  or  any  three  of  them,  after  full  hear- 
ing,   upon   due   public   notice   and    in    open   session 


Determination 
of  the  amount 
of  commutation. 


Proviso. 


41 


Provisions  of 
this  Act  to  be 
read  to  prisoners 


according  to  such  rules  as  they  shall  provide,  shall 
have  recommended  the  said  commutations  and  di- 
minutions of  sentences. 

Section  6. — Upon  the  receipt  of  any  convict  in  any 
prison,  penitentiary,  or  County  Jail  in  the  State,  who 
shall  be  entitled  to  the  benefits  of  this  Act,  the  pro- 
visions of  the  same  shall  be  read  to  him  or  her,  and 
the  meaning  of  the  same  shall  be  fully  explained  to 
him  or  her  by  the  clerk  of  the  prison,  penitentiary, 
work-house  or  jail. 

Section  7. — All  Acts  or  parts  of  Acts,  in  conflict 
with  this  Act  be  and  the  same  are  hereby  repealed. — 
Act  of  May  11,  1901. 


42 


MANAGEMENT 


LAWS  RELATING  TO  THE  MANAGEMENT  OF 
THE  PENITENTIARY. 


62 

An  Act  to  Provide  for  the  Custody  of  Prisoners 

Committed  Under  the  Authority  of  the  United 

States. 


Whereas  by  a  resolution  of  the  Senate  and  House  of 
Representatives  of  the  L^nited  States,  in  Congress  as- 
sembled, it  hath  been  recommended  to  the  Legislature 
of  the  several  States  to  pass  Laws,  making  it  expressly 
the  duty  of  the  keepers  of  their  gaols,  to  receive  and 
safe  keep  therein  all  prisoners  committed  under  the 
authority  of  the  United  States,  until  they  shall  be  dis- 
charged by  the  due  course  of  the  Laws  thereof,  under 
the  like  penalties  as  in  the  case  of  prisoners  committed 
under  the  authority  of  such  States  respectively,  the 
United  States  to  pay  for  the  use  and  keeping  of  such 
gaols,  at  the  rate  of  fifty  cents  per  month  for  each 
prisoner,  that  shall  under  their  authority  be  committed 
thereto,  during  the  time  such  prisoner  shall  be  therein 
confined  ;  and  also  to  support  such  of  said  prisoners  as 
8hall  be  committed  for  offences  :  And  whereas  it  is  just 
and  reasonable  to  aid  the  United  States  herein,  on  the 
terms  aforesaid  until  other  provision  shall  be  made  by 

48 


This  Act  has 
been  amended 
by  Act  of  1814 
and  later  Acts, 
but  it  has  never 
been   absolutely 
repealed  and  the 
main  features 
remain  intact. 


Law  in  the  premises  :  Be  it  therefore  enacted,  and  it  is 
hereby  enacted  by  the  Representatives  of  the  Freemen 
of  the  Commonwealth  of  Pennsylvania,  in  General 
Assembly  met,  and  by  the  authority  of  the  same,  That 
all  sheriffs,  gaolers,  prison-keepers,  and  their  and  each 
and  every  one  of  their  deputies,  within  this  Common- 
wealth, to  whom  any  person  or  persons  shall  be  sent 
or  committed,  by  virtue  of  legal  process  issued  by  or 
under  the  authority  of  the  United  States,  shall  be,  and 
they  are  hereby,  enjoined  and  required  to  receive  such 
prisoners  into  custody,  and  to  keep  the  same  safely, 
until  they  shall  be  discharged  by  due  course  of  Law  ; 
and  all  such  sheriffs,  gaolers,  prison-keepers  and  their 
deputies,  offending  in  the  premises,  shall  be  liable  to 
the  same  pains  and  penalties,  and  the  parties  aggrieved 
shall  be  entitled  to  the  same  remedies  against  them  or 
any  of  them,  as  if  such  prisoners  had  been  committed 
to  their  custody  by  virtues  of  legal  process  issued  un- 
der the  authority  of  this  State. 

Be  it  further  enacted  by  the  authority  aforesaid, 
That  a  calendar  of  such  prisoners  shall,  on  the  first  day 
of  January  of  each  year,  be  made  out  by  the  respect- 
ive gaolers  and  prison-keepers  in  each  County  upon 
oath  or  affirmation,  to  be  administered  by  the  Presi- 
dent of  the  Court  of  Common  Pleas  of  the  respective 
County,  specifying  particularly  the  names  of  such  pris- 
oners, the  time  of  their  confinement  and  their  discharge, 
and  whether  upon  civil  or  criminal  process,  together 
with  the  expense  of  subsisting  such  of  said  prisoners  as 
shall  have  been  committed  for  offences  ;  which  calen- 
dar shall  be  transmitted  to  the  President  and  Supreme 
Executive  Council  of  this  State  to  the  end  that  order 
may  be  taken  for  the  payment  of  the  allowances  and  ex- 
penses on  the  part  of  the  United  States,  in  and  by  the 
said  resolution  assumed, — Act  of  December  ofh,  1789. 


44 


63 
Penalty  for  Allowing  Prisoners  to  Escape. 


And  be  it  further  enacted  by  the  authority  afore- 
said, That  if  any  gaoler  shall  be  convicted  of  having 
by  his  negligence  suffered  any  prisoner  committed  to 
his  custody  to  escape,  he  shall  forfeit  and  pay  for 
every  such  offence,  a  sum  not  exceeding  three  hundred 
dollars. — Section  6,  Act  of  April  ^th,  1807, 


64 
Relating  to  the  Receiving  of  Prisoners  of  War. 


Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  Commonwealth  of  Pennsylvania  in 
General  Assembly  met,  and  it  is  hereby  enacted  by 
the  authority  of  the  same.  That  all  sheriffs,  gaolers, 
prison-keepers,  and  their  and  each  and  every  of  their 
deputies  within  this  Commonwealth,  to  whom  any 
person  or  persons  shall  be  committed  by  any  order  from 
the  Government  of  the  United  States  as  hostages  or 
prisoners  of  war,  shall  be  and  they  are  hereby  enjoined 
and  required  to  receive  such  person  or  persons  into 
custody  and  keep  them  safely  until  they  shall  be  dis- 
charged by  order  of  the  President  of  the  United  States; 
and  all  such  sheriffs,  gaolers,  prison-keepers  and  their 
deputies  offending  in  the  premises  shall  be  liable  to 
the  same  pains  and  penalties,  and  the  parties  aggrieved 
shall  be  entitled  to  the  same  remedies  against  them  or 
any  of  them,  as  if  such  prisoners  had  been  committed 
to  their  custody  by  virtue  of  legal  process  issued 
under  the  authority  of  the  State. — Section  1,  Act  of 
March  3rd,  181^. 

And  be  it  further  enacted  by  the  authority  afore- 
said. That  it  shall  be  the  duty  of  the  sheriffs,  gaolers, 
prison-keepers,  and  their  deputies,  and  each  and  every 


Prisoners  of  war 
and  hostages  to 
be  received  by 
sheriffs,  gaolers, 


Penalties. 


United  States 
ifarshall  to  be 
allowed  to  visit, 


45 


of  them  to  suffer  and  permit  the  Marshall  for  the  Dis- 
trict of  Pennsylvania,  and  his  legal  deputies  to  visit 
all  persons  confined  under  the  authority  of  this  Act,  at 
all  reasonable  hours  and  times  and  to  have  general 
superintendence  of  all  persons  committed  as  aforesaid. 
— Section  2,  Act  of  March  3rd,  ISlJf. 

And  be  it  further  enacted  by  the  authorit}^  afore- 
said, That  a  calendar  of  such  persons  as  are  committed 
in  pursuance  of  this  Act  shall  be  made  out'  on  the  first 
days  of  January  and  June  in  each  and  every  year,  by 
the  respective  gaolers  and  prison-keepers  upon  oath  or 

Calendar  of  such  2v»  i-  -p    •  x  •       i       i        j.i,  s  \, 

prisoners  to  be       affirmation,  Specifying  particularly,  the  names  of  such 
^^P*-  prisoners,  the  time  of  their  commitment  and  discharge 

and  the  cause,  together  with  the  expense  of  subsist- 
ing the  said  prisoners;  which  calendar  shall  be  trans- 
mitted to  the  Governor,  to  the  end  that  an  order  may 
be  taken  for  the  payment  agreeably  to  Law  by  the 
Government  of  the  United  States. — Section  3,  Act  of 
March  3rd,  I8I4.. 

(The  above  Act  though  now  inoperative  might  become  so  again  in  case  of  war.) 


65 

An  Act  Relating  to  the  Expense  of  Keeping 

Convicts. 


The  expenses  of  [maintaining  and]  keeping  the  con- 
victs in  the  said  Eastern  and  Western  Penitentiaries, 
shall  be  borne  by  the  respective  Counties  in  which  they 
shall  be  convicted,  and  the  said  expense  shall  be  paid 
to  said  Inspectors  by  orders  to  be  drawn  by  them  on 
the  Treasurers  of  the  said  Counties,  who  shall  accept 
and  pay  the  same  :  Provided  Also,  That  the  said 
orders  shall  not  be  presented  to  the  said  Treasurers 
before  the  first  Monday  of  May  in  each  and  every  year  : 
And  Provided   Also,   That  the  said  Inspectors  shall 

46 


annually,  on  or  before  the  first  Monday  of  February 
transmit,  by  public  mail,  to  the  Commissioners  of  such 
Counties  as  may  become  indebted  for  convicts  confined 
in  said  Penitentiaries,  on  account  of  the  expense  of 
keeping  [and  maintaining]  said  convicts,  which 
account  shall  be  signed  by  said  Inspectors,  and  be 
sworn  or  afiirmed  to  by  them  and  attested  by  the 
Clerk  ;  and  it  shall  be  the  duty  of  the  said  Commis- 
sioners, immediately  on  receipt  of  said  accounts, 
to  give  notice  to  the  Treasurers  of  their  respective 
Counties  of  the  amount  of  said  accounts,  with 
instructions  to  collect  and  retain  moneys  for  the  pay- 
ment of  said  orders  when  presented  ;  and  all  salaries 
of  the  officers  of  the  said  Penitentiaries  shall  be  paid 
by  the  State  ;  and  it  shall  be  the  duty  of  the  Inspect- 
ors to  transmit  to  the  Auditor  General  the  names  of 
the  persons  by  them  appointed,  and  the  salaries 
agreed  to  be  paid  to  each  of  them  under  the  provisions 
of  this  Act,  which  sums  shall  be  paid  in  the  usual 
manner,  by  warrants  drawn  by  the  Governor  upon 
the  Treasurer  of  the  Commonwealth. — Section  9,  Act  of 
April  23rd,  1829. 

(The  words  in  brackets  in  above  Section  were  repealed  by  Act  of  Feb.  27th, 
18:33.) 


By  whom  paid 


66 
Time  of  Transmitting  Accounts. 


That  the  provisions  contained  in  the  Ninth  Section 
of  the  Act  of  April  23rd,  1829,  which  requires  the 
Inspectors  of  the  Eastern  Penitentiary  to  transmit 
to  the  County  Commissioners  the  accounts  for  main- 
taining convicts,  on  or  before  the  first  day  of  February 
in  each  year,  be  and  the  same  is  hereby  repealed,  and 
the  said  Inspectors  are  hereby  required  to  transmit 
the  said  accounts  on  or  before  the  first  day  of  March 
in  each  year. — Section  43,  Act  of  May  J 3th,  1856. 


Time  of  trans- 
mitting ac- 
count. 


This  was 
amended  by  Act 


Salaries  of  offi- 
cers to  be  paid 
by  the  State. 


Repeals  clause 
in  above  sec- 
tion. 


67 
Governing  the  Appointment  of  Inspectors. 


The  Penitentiaries  aforesaid  shall  be  respectively 
managed  by  a  Board  of  Inspectors,  consisting  of  five 
taxable  citizens  of  Pennsylvania,  who  shall  be  ap- 
pointed as  follows  :  The  Judges  of  the  Supreme  Court 
of  the  State  shall,  at  the  first  term  of  any  Supreme 
Court  which  shall  be  held  in  any  of  the  Districts  of 
the  State  after  the  passage  of  this  Act,  appoint  five 
taxable  citizens  residing  in  the  City  of  Pittsburg,  or 
County  of  Allegheny,  who  shall  be  Inspectors  of  the 
Western  State  Penitentiary,  to  serve  for  two  years, 
and  five  taxable  citizens  residing  in  the  City  or  County 
of  Philadelphia  who  shall  be  Inspectors  of  the  Eastern 
State  Penitentiary,  to  serve  two  years,  and  until  their 
successors  shall  be  appointed  ;  and  in  case  of  any 
vacancy  occasioned  by  death,  resignation,  refusal  to 
serve,  or  otherwise  the  same  shall  be  supplied  by  the 
said  Judges,  as  soon  as  conveniently  may  be. — Section 
7,  Act  of  April  23rd,  1829. 


68 
Manner  of  Appointing  Inspectors  Changed. 


The  Governor  of  this  Commonwealth  shall  have  and 
exercise  all  the  power  and  authority  to  appoint  In- 
spectors of  the  State  Penitentiaries  possessed  and 
exercised  by  the  Judges  of  the  Supreme  Court ;  and 
the  said  Inspectors  shall  make  report  annually  to  the 
Legislature  as  heretofore  required  by  Law. — Act  of 
May  27th,  187 Jf. 

69 
Of  the  Duties  of  Inspectors. 


They   shall   at   their   first   meeting,   and   annually 
thereafter,  appoint  out  of  their  number  a  President, 


48 


Secretary,  and  Treasurer,  and  keep  regular  minutes 
of  their  proceedings  ;  they  shall  hold  stated  meetings 
once  a  month,  and  adjourned  and  special  meetings 
whenever  necessary  ;  the  Treasurer  shall  give  bond, 
with  sufficient  surety,  in  such  amount  as  the  In- 
spectors may  fix  and  determine,  and  shall  receive  and 
disburse  all  moneys  belonging  to  the  prison,  according 
to  the  order  of  the  Board  ;  they  shall  semi-annually 
appoint  a  Warden,  a  Physician,  and  a  Clerk  for  the 
Institution,  and  shall  fix  their  salaries,  as  well  as 
those  of  the  under-keepers  or  overseers,  and  the  per- 
sons employed  about  the  prison  ;  they  shall  serve 
without  any  pecuniary  compensation,  and  they  shall 
be  exempted  from  military  duty,  from  serving  on 
juries  and  arbitrations  or  as  guardians  of  the  poor  ; 
they  shall  visit  the  Penitentiary  at  least  twice  in  every 
week,  to  see  that  the  duties  of  the  several  officers  and 
attendants  are  performed,  to  prevent  all  oppression, 
peculation,  or  other  abuse  or  mismanagement  of  the 
said  Institutions  ;  they  shall  have  power,  if  they  on 
conference  find  it  necessary,  to  make  such  rules  for 
the  internal  government  of  said  prison  as  may  not  be 
inconsistent  with  the  principles  of  solitary  confine- 
ment, as  set  forth  and  declared  by  this  Act.     Thev     Amended  by 

Act  of  1838. 

shall  attend  to  the  religious  instruction  of  the  prison- 
ers, and  procure  a  suitable  person  for  this  object,  who 
shall  be  the  religious  instructor  of  the  prisoners  :  Pro- 
vided, That  their  services  shall  be  gratuitous.  They 
shall  direct  the  manner  in  which  all  raw  materials  to  be 
made  by  the  convicts  in  said  prisons,  and  the  pro- 
visions and  other  supplies  for  the  prison,  shall  be  pur- 
chased, and  also  the  sale  of  all  articles  manufactured 
in  said  prisons.  They  shall  cause  accurate  accounts 
to  be  kept  by  the  Clerk  of  all  expenditures  and  receipts 
in  the  Penitentiary,  which  accounts  respectively  shall 
be  annually  examined  and  settled  by  the  Auditors  of 

49 


the  County  of  Allegheny  and  of  the  County  of  Phila- 

Amended  by  ./  c  ^ 

Act  of  1847.  delphia.     They  shall  on  or  before  the  first  day  of  Jan- 

uary, in  every  year,  make  a  report  in  writing  to  the 
Legislature,  of  the  state  of  the  Penitentiaries.  The 
report  shall  contain  the  number  of  prisoners  in  confine- 
ment, their  age,  sex,  place  of  nativity,  time  of  com- 
mitment, term  of  imprisonment  during  the  preceding 
year,  noticing  also  those  who  have  escaped  or  died,  or 
Tvho  were  pardoned  or  discharged,  designating  the  of- 
fence for  which  the  commitment  was  made,  and  whether 
for  a  first  or  repeated  offence,  and  when  and  in  what 
court  or  by  whose  order  ;  and  in  such  return  the  In- 
spectors shall  make  such  observations  as  to  the  efficacy 
of  the  system  of  solitary  confinement  as  may  be  the 
result  of  their  experience,  and  give  such  information 
as  they  may  deem  expedient  for  making  the  said  Insti- 
tution effectual  in  the  punishment  and  reformation  of 
offenders. 

They  shall  have  power  to  examine  any  person  upon 
oath  or  affirmation  relative  to  any  abuse  in  the  said 
places  of  confinement  or  matter  within  the  purview 
of  their  duties  ;  they  shall  direct  in  what  manner  the 
rations  for  the  subsistence  of  the  prisoners  shall  be 
composed,  in  conformity  with  the  general  directions  on 
that  subject  hereinafter  contained. 

The  Inspectors  in  their  weekly  visits  to  the  several 
places  of  confinement  shall  speak  to  each  prisoner 
confined  therein,  out  of  the  presence  of  any  of  the  per- 
sons employed  therein  ;  shall  listen  to  any  complaints 
that  may  be  made  of  oppression  or  ill-conduct  of  the 
persons  so  employed,  examine  into  the  truth  thereof, 
and  proceed  therein  when  the  complaint  is  wc^ll 
founded ;  and  on  such  visits  they  shall  have  the  calen- 
dar of  prisoners  furnished  to  them  by  the  AVarden,  and 
see  by   actual   inspection    whether   all   the   prisoners 

50 


named  in  the  said  calendar  are  found  in  the  said  pris- 
on in  the  situation  in  which  by  the  said  calendar,  thej^ 
are  declared  to  be. 

A  majority  of  the  said  Inspectors  shall  constitute  a 
Board,  and  do  any  of  the  acts  required  of  the  said  In- 
spectoi's  ;  two  of  the  Inspectors  shall  be  a  quorum  for 
the  weekly  visitations  hereby  directed  to  be  made. 

The  Warden  shall  not,  nor  shall  any  Inspector, 
without  the  direction  of  a  majority  of  the  Inspectors, 
sell  any  article  for  the  use  of  the  said  Penitentiaries, 
or  either  of  them,  or  of  the  persons  confined  therein, 
during  their  confinement,  nor  derive  any  emolument 
from  such  purchase  or  sale,  nor  shall  he  or  they,  or 
either  of  them,  receive  under  any  pretense  whatever 
from  either  of  the  said  prisoners,  or  any  one  on  his  be- 
half, any  sum  of  money,  emolument  or  reward  what- 
ever, or  any  article  of  value,  as  a  gratuity  or  gift,  un- 
der the  penalty  of  five  hundred  dollars  fine,  to  be  re- 
covered in  the  name  of  the  Commonwealth  by  an 
action  of  debt,  in  any  Court  of  Record  thereof,  having 
jurisdiction  of  sums  of  that  amount. — Art  7,  Section  8, 
Act  of  April  23rd,  1829. 

Prison  Inspectors  may  be  furnished  with  meals  at  the  expense  of  the  prison 
funds.— (Mogel  vs.  Berks  Co.,  154  Penna.  14,  Supreme  Court  decision. ) 

And  the  Treasurer  shall  give  bond  with  sufficient  surety  to  the  Board  of  In- 
spectors in  the  penalty  of  five  thousand  dollars  for  the  faithful  performance  of 
the  duties  of  his  office,  to  be  sued  for  and  recovered  in  the  name  of  the  Inspect- 
ors on  forfeiture  thereof,  to  the  use  of  the  said  Penitentiary,  and  neither  the 
said  Treasurer  nor  any  of  the  Inspectors  shall  be  entitled  to  or  receive  any  com- 
pensation for  his  services.— Part  of  Section  4,  Act  of  April  10th,  1826. 


70 
Of  the  Duties  of  the  Warden. 


The  Warden  shall  reside  in  the  Penitentiary  ;  he 
shall  visit  every  cell  and  apartment  and  see  every 
prisoner  under  his  care  at  least  once  in  every  day ;  he 
shall  keep  a  journal,  in  which  shall  be  regularly  en- 


51 


tered  the  reception,  discharge,  death,  pardon  or  escape 
of  any  prisoner,  and  also  the  complaints  that  are  made 
and  the  punishments  that  are  inflicted  for  the  breach 
of  prison  discipline,  as  they  occur  ;  the  visits  of  the 
Inspectors  and  the  Physician,  and  all  other  occurrences 
of  note  that  concern  the  state  of  the  prison,  except  the 
receipts  and  expenditures,  the  account  of  which  is  to 
be  kept  in  the  manner  hereinafter  directed. 

The  Warden  shall  appoint  the  under  keepers,  who 
shall  be  called  overseers,  and  all  necessary  servants, 
and  dismiss  them  whenever  he  thinks  proper,  or  the 
Board  of  Inspectors  direct  him  so  to  do.  He  shall 
report  all  infractions  of  the  rules  to  the  Inspectors, 
and  with  the  approbation  of  one  of  them,  may  punish 
the  offender,  in  such  manner  as  shall  be  directed  in 
the  rules  to  be  enacted  by  the  Inspectors  concerning 
the  treatment  of  prisoners. 

He  shall  not  absent  himself  from  the  Penitentiary 
for  a  night,  without  permission,  in  writing,  from  two 
of  the  Inspectors.  He  shall  not  be  present  when  the 
Inspectors  make  their  stated  visits  to  the  prisoners 
under  his  care,  unless  thereto  required  by  the  In- 
spectors.— Act  of  April  23rd,  1829. 


United  States 
prisoners  to  be 
received. 
Amendment  to 
Act  of  1814. 


71. 
United  States  Prisoners  to  be  Received. 


The  Wardens  of  the  Eastern  and  the  Western  Peni- 
tentiaries of  this  State  be  and  are  hereby  authorized 
and  required  to  receive  such  persons  as  may  be  con- 
victed in  the  United  States  Courts  within  this  State  : 
Provided,  The  sentences  of  the  said  Court  subject 
them  to  the  same  discipline  and  treatment  as  convicts 
sentenced  by  the  Courts  of  this  Commonwealth  ;  and 
the  expenses  thereof  to  be  paid  by  the  United  States  ; 


52 


and  while  in  the  said  Institutions,  they  shall  be  ex- 
clusively under  the  control  of  the  State  Officers. — Sec- 
tion 3,  Act  of  April  15,  1834.. 


72 

Of  the  Duties  of  Overseers. 


It  shall  be  the  duty  of  the  overseers  to  inspect  the 
condition  of  each  prisoner  at  least  three  times  in  every 
day,  to  see  that  his  meals  are  regularly  delivered, 
according  to  the  prison  allowance,  and  to  superintend 
the  work  of  the  prisoners. 

They  shall  give  immediate  notice  to  the  Warden  or 
Physician  whenever  any  convict  shall  complain  of  such 
illness  as  to  require  medical  aid.  Each  overseer  shall 
have  a  certain  number  of  prisoners  assigned  to  his 
care. 

He  shall  make  a  daily  report  to  the  Warden  of  the 
health  and  conduct  of  the  prisoners,  and  a  like  report 
to4;he  Inspectors,  when  required. 

No  overseer  shall  be  present  when  the  Warden  or 
the  Inspectors  visit  the  prisoners  under  his  particular 
care,  unless  thereto  required  by  the  Warden  or  In- 
spectors. 

The  overseers  shall  obey  all  legal  orders  given  by 
the  Warden,  and  all  rules  established  by  the  Board  of 
Inspectors,  for  the  government  of  the  prison. 

All  orders  to  the  overseers  must  be  given  through 
or  by  the  Warden. 

The  overseers  shall  not  absent  themselves  from  the 
prison,  without  permission  from  the  Warden. 

No  overseer  shall  receive  from  any  one  confined  in 
the  Penitentiary,  or  from  any  one  in  behalf  of  such 
prisoner,  any  emolument  or  reward  whatever,  or  the 
promise  of  any,  either  for  services  or  supplies,  or  as  a 

58 


gratuity,  under  the  penalty  of  one  hundred  dollars 
and  imprisonment  for  thirty  days  in  the  County  Jail, 
and  when  any  breach  of  this  article  shall  come  to  the 
knowledge  of  the  Warden  or  Inspectors,  the  overseer 
or  overseers  so  offending  shall  be  immediately  dis- 
charged from  his  office,  and  prosecuted  for  the  said 
offence  according  to  law.  No  overseer  who  shall  have 
been  discharged  for  any  offence  whatever,  shall  again 
be  employed. — Section  3,  Act  of  April  23rd,   1829. 


73 
Of  the  Duties  of  the  Physician. 


The  Physician  shall  visit  every  prisoner  in  the  prison 
twice  in  every  week,  and  oftener  if  the  state  of  their 
health  require  it,  and  shall  report  once  in  every  month 
to  the  Inspectors. 

He  shall  attend  immediately  on  notice  from  the 
Warden  that  any  person  is  sick. 

He  shall  examine  every  prisoner  that  shall  be 
brought  into  the  Penitentiary,  before  he  shall  be  con- 
fined in  his  cell. 

Whenever,  in  the  opinion  of  the  Physician,  any 
convict  in  the  Penitentiary  is  so  ill  as  to  require  re- 
moval, the  Warden  shall  direct  such  removal  to  the 
infirmary  of  the  Institution,  and  the  prisoner  shall  be 
kept  in  the  infirmary  until  the  Physician  shall  certify 
that  he  may  be  removed  without  injury  to  his  health, 
and  he  shall  then  be  removed  to  his  cell. 

He  shall  visit  the  patients  in  the  infirmary  at  least 
once  in  every  day,  and  he  shall  give  such  directions 
for  the  health  and  cleanliness  of  the  prisoners,  and 
when  necessary,  as  to  the  alteration  of  their  diet,  as 
he  may  deem  expedient,  which  the  Warden  shall  have 
executed :  Provided,  They  shall  not  be  contrary  to 
the  provisions  of  this  Act,  or  inconsistent  with  the 

54 


safe  custody  of  the  said  prisoners  ;  and  the  directions 
he  may  give,  whether  complied  with  or  not,  shall  be 
entered  on  the  journal  of  the  Warden  and  on  his 
own.  The  Physician  shall  enquire  into  the  mental  as 
well  as  the  bodily  state  of  every  prisoner,  and  when 
he  shall  have  reason  to  believe  that  the  mind  or  body 
is  materially  affected  by  the  discipline,  treatment  or 
diet,  he  shall  inform  the  Warden  thereof,  and  shall 
enter  his  observation  on  the  journal  hereinafter 
directed  to  be  kept,  which  shall  be  an  authority  for 
the  Warden  for  altering  the  discipline,  treatment  or 
diet  of  any  prisoner  until  the  next  meeting  of  the  In- 
spectors, who  shall  enquire  into  the  case  and  make 
orders  accordingly. 

The  Physician  shall  keep  a  journal ;  opposite  to 
the  name  of  each  prisoner  shall  be  entered  the  state 
of  his  health,  and  if  sick,  whether  in  the  infirmary  or 
not,  together  with  such  remarks  as  he  may  deem  im- 
portant, which  journal  shall  be  open  to  the  inspection 
of  Jhe  Warden  and  the  Inspectors,  and  the  same  to- 
gether with  the  return  provided  for  in  the  first  Article 
of  this  Section,  shall  be  laid  before  the  Inspectors  once 
in  every  month,  or  oftener  if  called  for. 

The  prisoners  under  the  care  of  the  Physician,  shall 
be  allowed  such  diet  as  he  may  direct. 

No  prisoner  shall  be  discharged  while  laboring 
under  a  dangerous  disease,  although  entitled  to  his 
discharge,  unless  by  his  own  desire. 

The  infirmary  shall  have  a  suitable  partition 
between  every  bed,  and  no  two  patients  shall  occupy 
the  same  bed,  and  the  Physician  and  his  attendants 
shall  take  every  precaution  in  their  power  to  prevent 
all  intercourse  between  the  convicts  while  in  the  in- 
firmary.— Section  4,  Act  of  April  23rd,  1829. 


74 
Duties  of  the  Religious  Instructor. 


Penitentiary  ac- 
counts hereto- 
fore audited  by 
county  auditors 
to  be  adjusted 
annually  by  ac- 
countant office 
of  the  State. 


It  shall  be  the  duty  of  the  Instructor  to  attend  to 
the  moral  and  religious  instruction  of  the  convicts,  in 
such  manner  as  to  make  their  confinement  as  far  as 
possible  the  means  of  their  reformation,  so  that  when 
restored  to  their  liberty,  they  may  prove  honest,  in- 
dustrious and  useful  members  of  society,  and  the  In- 
spectors and  Officers  are  enjoined  to  give  every  facility 
to  the  Instructor,  in  such  measure  as  he  may  think 
necessary  to  produce  so  desirable  a  result,  not  incon- 
sistent with  the  rules  and  discipline  of  the  prison. — 
Section  9,  Act  of  April  23rd,  1829. 


75 
Relating  to  the  Accounts  of   the   Penitentiary. 


And  be  it  further  enacted  by  the  authority  afore- 
said. That  so  much  of  the  Seventh  Section  of  an  Act 
entitled,  ''A  Supplement  to  an  Act  Entitled  an  Act  to 
Reform  the  Penal  Laws  of  this  Commonwealth," 
passed  the  23rd  of  April,  1829,  as  directs  that  the 
accounts  of  the  Western  and  Eastern  Penitentiaries 
shall  be  audited  by  the  Auditors  of  the  County  of 
Allegheny  and  the  County  of  Philadelphia,  be  and  the 
same  is  hereby  repealed,  and  that  the  Inspectors  of 
said  Penitentiaries,  shall,  on  or  before  the  first  Mon- 
day in  February  in  every  year,  transmit  to  the 
Accountant  Department  a  detailed  statement  of  their 
accounts,  to  be  settled  and  adjusted  in  the  usual 
manner. — Section  ^,  Act  of  February  27th,  1833. 


Moral   Instructor  to  be  Paid  a  Salary. 


Resolved,  That  it  shall  be  lawful  for  the  Inspectors 
of  the  Penitentiary  of  the  Eastern  District  of  Pennsyl- 


56 


vania  to  elect  or  appoint,  as  soon  after  the  passage  of 
this  resolution  as  they  may  deem  proper,  an  officer  in 
said  Penitentiary,  who  shall  be  called  a  Moral  In- 
structor, whose  duty  it  shall  be  to  advise  and  instruct 
the  prisoners  therein  confined  in  their  moral  and 
religious  obligations,  and  perform  such  other  services 
as  shall,  in  the  opinion  of  the  said  Inspectors,  apper- 
tain to  his  station,  and  the  said  officer  shall  receive, 
as  a  renumeration  for  his  services,  a  sum  not  exceed- 
ing eight  hundred  dollars  per  annum  ;  the  said  officer 
to  hold  his  situation  during  the  pleasure  of  the  said 
Inspectors. — Resolution  passed  April  16th,  1838. 


Inspectors  to 
appoint  a  Moral 
Instructor~at  a 
salary  not  to 
exceed  $800.00 
per  annum. 
Later  Acts  allow 
the  Inspectors  to 
fix  all  salaries. 


77 

Treasurer  of  Board   of  Inspectors  to  be  Paid  a 

Salary. 


That  the  Board  of  Inspectors  of  the  Eastern  Peni- 
tentiary be  authorized  to  pay  the  Treasurer  of  said 
prison  a  suitable  compensation  for  the  services  here- 
tofore rendered  by  him,  and  fix  his  salary. — Section  3, 
Act  of  March  25th,  1839. 


Treasurer's  pay 
and  salary  to  be 
fixed. 


78 

Relating  to  the  Contents  of  the  Annual 

Statements. 


Be  it  enacted,  &c..  That  it  shall  be  the  duty  of  the 
Inspectors,  Sheriffs  or  other  persons  having  charge  of 
any  penitentiary  or  jail  within  this  Commonwealth, 
to  transmit  to  the  Secretary  thereof,  on  or  before  the 
first  day  of  February  in  each  and  every  year,  a  full 
statement  in  detail  of  the  condition  of  such  peniten- 
tiary or  jail,  during  the  year  ending  on  the  thirty-first 
day  of  the  previous  December  ;  showing  the  number 
of   prisoners  committed  to  such  penitentiary  or  jail 


By  the  Act  ot 
1872,  this  state- 
ment is  required 
to  be  made  to 
the  Board  of 
Charities.    (See 
under  head  of 
"Board  of 
Charities.") 


57 


during  the  year,  distinguishing  the  convicts,  the 
prisoners  for  trial,  witnesses  and  other  persons  com- 
mitted, and  the  offences  of,  or  with  which  they  have 
been  convicted  or  charged,  and  other  causes  of  com- 
mitment ;  and  the  sex  and  color  of  the  persons  in 
every  class  so  distinguished,  and  how  many  were  in- 
sane at  the  time  of  their  commitment  ;  and  further, 
in  relation  to  the  convicts,  distinguishing  persons 
sentenced  to  separate  labor  from  persons  otherwise 
sentenced,  and  of  each  class  of  persons  sentenced, 
showing  the  age,  the  place  of  nativity  and  of  convic- 
tion, and  the  term  of  sentence,  and  whether  they  have 
been  previously  convicted,  and  how  often  and  where 
imprisoned  ;  whether  they  could  read  or  write,  or  had 
learned  a  trade  at  the  time  of  commitment ;  whether 
they  had  been  apprenticed,  and  served  out  the  full 
term  of  their  apprenticeship ;  whether  married  or 
single  ;  and  such  statement  shall  further  show  the 
length  of  imprisonment  of  witnesses,  the  average  im- 
prisonment of  all  other  persons  than  witnesses,  and 
persons  sentenced  ;  and  how  many  of  such  other  per- 
sons, received  during  the  year,  were  returned  to  the 
Court,  and  how  many  of  them  were  discharged,  and 
in  what  manner  discharged  ;  distinguishing  the 
prisoners  for  trial,  persons  committed  as  vagrants,  as 
disorderly  persons,  for  breach  of  the  peace,  and  others, 
and  of  the  whole  number  of  prisoners  in  such  peni- 
tentiary or  jail  during  the  year  ;  how  many  were  dis- 
charged by  expiration  of  sentence,  by  pardon  or  other- 
wise ;  how  many  escaped  ;  how  many  died  ;  the  cases 
of  sickness  and  the  nature  thereof  ;  how  the  prisoners 
are  classified  ;  their  different  trades  and  occupations, 
if  any,  while  in  such  penitentiary  or  jail ;  whether  an 
opportunity  is  afforded  to  the  prisoners  for  doing  over- 
work, or  for  receiving  in  any  other  manner  the  pro- 
fits of  their  labor  ;  whether  any,  and  what  provision 

58 


is  made  to  furnish  such  prisoners  as  need  it,  with 
clothing  or  pecuniary  aid  on  their  discharge;  whether 
a  physician  is  regularly  employed  to  attend  the  sick  ; 
what  provision  is  made  for  the  instruction  of  prisoners 
in  such  penitentiary  or  jail,  at  the  end  of  the  year, 
distinguishing  sex  and  color  in  each  class ;  the  re- 
ceipts of  the  prison,  and  the  sources  from  which 
derived  ;  the  amount  of  expenditure,  arranged  under 
general  heads,  and  so  as  to  show  the  cost  per  diem  of 
each  prisoner  ;  the  personal  property  belonging  to  such 
penitentiary  or  jail,  and  the  cash  value  thereof  ;  to- 
gether with  any  information  which  the  said  inspectors, 
sheriffs,  or  other  persons  having  charge  of  such  peni- 
tentiaries or  jails,  may  deem  useful. — Section  1,  Act  of 
February  27th,  18^7. 


79 
Disputes  to  be  Referred  to  Arbitrators. 


The  Inspectors  of  the  Eastern  and  Western  Peni- 
teiitiaries  shall,  in  addition  to  the  powers  and  duties 
already  given  to  them,  have  power  and  are  hereby 
directed  to  agree  to  refer  to  arbitrators  or  referees 
under  and  pursuant  to  the  provisions  of  the  Voluntary 
Arbitration  Laws  now  in  force,  all  disputes  which 
have  arisen  or  may  arise  between  the  said  prisons, 
their  agents,  or  the  Inspectors  thereof,  or  either  of 
them,  and  any  person  or  persons  who  may  have  sent 
or  shall  send  raw  materials  to  them  respectively,  for 
the  purpose  of  being  manufactured  by  the  convicts  in 
the  said  prisons,  or  either  of  them  ;  and  to  take  such 
further  proceedings  in  such  references  as  shall  enable 
a  full  and  fair  hearing  and  investigation  of  all  the 
accounts,  statements  and  proofs  touching  the  same, 
and  a  just  and  speedy  decision  of  such  claims  and  dis- 
putes, by  such  referees  to  be  mutually  chosen  by  said 

59 


parties,  and  the  decision  of  such  referees  or  arbitrators 
in  the  premises,  to  be  filed  under  a  rule  of  court, 
shall  be  final  and  conclusive  ;  and  the  sum  awarded 
shall  be  collected  and  paid  to  the  successful  party,  as 
like  amounts  are,  in  such  cases  of  reference  by  law  re- 
coverable, and  in  case  said  parties  cannot  agree  upon 
a  third  referee  or  arbitrator,  he  shall  be  selected  and 
appointed  by  the  other  two  referees  so  to  be  chosen 
by  the  said  parties. — Section  2,  Act  of  April  10th,  I84.8. 


Money  appro- 
priated for  spe- 
cific purposes 
shall  not  be  ap- 
plied otherwise. 


80 

Salaries  and  Appropriations  to  be  Paid 

Quarterly. 


That  all  annual  salaries  herein  provided  for,  and 
also  all  appropriations  to  penitentiaries,  houses  of 
refuge  and  charitable  institutions,  now  and  hereafter, 
shall  be  paid  quarterly  at  the  office  of  the  State 
Treasurer,  unless  otherwise  specified  by  law;  and  that 
no  money  appropriated  by  this  Act  for  any  specific  ob- 
ject, shall  be  applied  to  another,  in  any  of  the  depart- 
ments, or  in  the  charitable  institutions,  penitentiaries 
or  houses  of  refuge. — Section  4-2,  Act  of  April  3rd,  1860. 


81 

Wardens  or  Superintendents  to    Keep   a  Record 

OF  Violation  of  Kules. 


Beit  enacted,  &c. ,  That  from  and  after  the  pass- 
age of  this  Act,  it  shall  be  the  duty  of  the  wardens  or 
superintendents  of  the  several  penitentiaries  and 
prisons  of  this  Commonwealth  in  which  criminals  are 
confined,  who  have  been  convicted  and  sentenced,  by 
any  Court  of  Justice  of  this  State,  to  undergo  an  im- 

«0 


prisonment  of  more  than  six  months,  to  keep  a  book, 
in  which  shall  be  entered  the  name  of  each  person  so 
confined,  and  a  record  of  every  infraction  or  violation 
by  him  or  her  of  the  printed  and  published  rules  of 
such  penitentiary^  or  prison,  with  the  punishment  (if 
any)  inflicted  on  account  thereof,  which  said  book 
shall  be  laid  before  the  Inspectors,  at  their  regular 
stated  meeting,  for  examination  and  approval. — Section 
i.  Act  of  May  Id,  1861. 


82 
Quarterly  Statements  to  be  Made  to  the 
Auditor  General. 


That  all  corporations,  penitentiaries,  charitable  in- 
stitutions and  educational  institutions  receiving  and 
disbursing  State  appropriations,  shall  take  proper 
vouchers  for  the  money  so  expended  by  them,  and 
shall  make  quarterly  settlements  with  the  Auditor 
General. — Section  59,  Act  of  April  6th.  1870. 


88 

Wardens  to  Advertise  for  Bids  to  Furnish 

Supplies. 


bidders. 


And  Provided,  That  the  Warden  shall,  as  soon  as 
practicable  after  the  passage  of  this  Act  for  two  con- 
secutive  weeks,   and  yearly  thereafter  for  the  same 

To  furnish  item- 

length  of  time,  commencing  on  the  first  Monday  of  ized  list  to 
April,  advertise,  in  three  newspapers  of  general  cir- 
culation, for  bids  to  furnish  all  needed  supplies  for  the 
year  beginning  June  first  next  ensuing.  Said  Warden 
shall  furnish  promptly,  on  application,  to  all  persons 
desiring  to  bid,  an  itemized  list  of  the  kind  and  pro- 
bable amount  of  supplies  required.      The  managers 

61 


shall  award  the  contract  for  such  supplies  to  the  lowest 
and  best  bidder,  taking  such  security  for  the  faithful 
performance  of  the  contract  as  they  may  deem  neces- 
sary.—^c^  of  June  22nd,  188S. 


84 
Sworn  Statement  to  be  Filed  Monthly. 


Be  it  enacted,  &c. ,  That  hereafter,  the  Treasurer  of 
the  Board  of  Trustees,  or  Board  of  Directors,  or  Board 
of  Management  of  any  Institution  receiving  State  aid, 
shall  furnish  to  the  Auditor  General,  to  be  placed  on 
file  in  his  office,  on  or  before  the  fifteenth  day  of  each 
month,  a  sworn  statement  of  the  items  of  receipt  and 
payments  on  account  of  such  Institution  for  the  pre- 
ceding month,  and  shall,  if  required  by  the  Governor, 
the  Auditor  General  or  the  State  Treasurer,  exhibit 
the  original  vouchers,  or  bills  of  items,  for  such  pay- 
ments.— Act  of  June  10th,  1885. 


85 
For  Identification  of  Habitual  Criminals. 


Be  it  enacted,  «&c. ,  That  in  every  prison  in  this  State 
to  which  persons  convicted  of  any  felonious  offence 
are,  or  may  be,  committed  by  the  Courts  of  this  State 
the  Warden,  or  other  officer  in  charge,  shall  record, 
or  cause  to  be  recorded,  in  a  register  to  be  kept  for 
that  purpose,  a  description  of  every  person  committed 
to  such  prison  under  sentence  of  a  Felony,  and  also 
the  criminal  history  of  every  person  so  committed,  so 
far  as  the  same  may  appear  from  the  records  of  the 
Court  of  this  State,  or  of  any  other  State,  or  other- 
wise, as  full  and  complete  as  may  be  obtainable,  and 
shall  attach  thereto  a  photograph;  or  photographs  of 
such  person  so  recorded. 

63 


Section  2. — That  for  the  purpose  mentioned  in  Sec- 
tion 1  of  this  Act,  the  District  Attorney  of  the  district 
in  which  a  criminal  has  been  convicted  and  sentenced 
to  prison  for  a  felony,  shall  forward  to  the  Warden  or 
other  officer,  at  the  request  of  such  Warden  or  officer 
in  charge,  and  upon  blanks  furnished  by  him,  a  crimi- 
nal history  of  such  criminal,  as  fully  as  is  known  or 
can  be  ascertained,  by  such  District  Attorney. 

Section  3. — The  register  herein  provided  for  shall 
not  be  made  public  except  as  may  be  made  necessary 
in  the  identification  of  persons  accused  of  crime,  and 
in  their  trial  for  offences  committed  after  having  been 
imprisoned  for  a  prior  offence.  The  record  shall  be 
accessible  however  to  any  officer  of  any  court  having 
criminal  jurisdiction  in  this  State,  upon  the  order  of 
the  Jadge  of  the  Court  or  the  District  Attorney  of  the 
district  in  which  the  person  is  being  held  for  a  crime, 
which  said  order  shall  be  attested  by  the  Seal  of  the 
Court,  and  such  record  may  be  offered  in  evidence  up- 
on^any  trial  of  the  offender,  for  the  purpose  of  prov- 
ing a  former  imprisonment  or  imprisonments,  and  the 
offence  or  offences  for  which  imprisoned. 

Section  4. — For  the  purpose  of  obtaining  accurate 
descriptions  of  convicts,  the  Warden  or  other  officers 
in  charge  of  the  several  prisons  in  the  State,  are  here- 
by authorized  to  adopt  what  is  known  as  the  Ber- 
tillon  method  of  measurements  and  registration,  or 
such  other  method  as  shall  minutely  describe  con- 
victs. 

Section  5. — A  copy  of  the  description,  of  the  history 
and  of  the  photograph  or  photographs,  of  any  convict 
entered  upon  such  register,  shall  be  furnished  upon 
request  of  any  Warden  or  other  officer  in  charge  of  a 
prison  for  felons  in  any  other  State  of  the  United 
States,   to  such  Warden  or  other  officer   in  charge : 


On  application, 
District  Attor- 
ney to  furnish 
criminal  history 
of  such  felon. 


Record  to  be 
made  public 
only  for  identifi- 
cation. 


Bertillon 
method  of 
measurements 
to  be  used. 


To  whom  copies 
of  description  to 
be  furnished. 


Proviso. 


(58 


Copies  of  de- 
scription to  be 
furnished  to 
officers  of  police 
bureaus. 


Duties  of 
Wardens. 


Provided,  Such  State  h^s  made  provision  by  Law  for 
recording  the  description  of  its  convicts,  and  for  fur- 
nishing such  descriptions  to  the  authorities  of  such 
other  States  as  have  made  provision  by  Law  for  the 
keeping  of  registers  of  descriptions  and  histories  of 
their  convicts. 

Section  6. — And  that  a  copy  of  the  description,  his- 
tory and  photograph  or  photographs,  of  any  convict 
entered  upon  such  records,  shall  be  furnished  to  any 
officer  of  the  Bureau  of  Police  in  cities  where  State 
Penitentiaries  are  located,  upon  the  order  of  the 
Superintendent  of  Police  thereof.  Also,  That  on  or 
before  the  28th  day  of  each  and  every  month,  the 
Warden  of  the  said  State  Penitentiaries,  located  in 
said  cities,  shall  furnish  the  Superintendent  of  Police 
of  said  cities  the  names  of  convicts  whose  sentences 
expire  the  following  month,  together  with  the  date 
when  sentence  commenced,  the  County  from  which 
committed,  the  crime  for  which  convicted,  and  the 
exact  day  when  convict  will  be  discharged. — Act  of 
May  7th,  1889. 


86 

Auditor  General  Shall  Demand  all  Title 

Papers. 


The  Auditor  General  is  authorized  to  demand  and 
receive  from  the  managers  of  all  Institutions  owned 
exclusively  by  the  State,  the  title  papers,  insurance 
policies,   plans   of   building  and  grounds,   deeds  and 

other  legal  evidence  of  ownership  thereof 

And  the  managers  of  all  State  Institutions  are  hereby 
required  to  supply  such  evidences  of  title  to  the 
Auditor  General,  who  shall  become  the  custodian 
thereof. — Portion  of  Section  3,  Act  of  Jvly  15th,  1897. 


«4 


87 
Itemized  Statements  to  be  made  by  Managers. 


Be  it  enacted,  &c.,  That  all  appropriations  hereafter 
made  to  educational,  penal,  reformatory,  charitable, 
benevolent,  or  eleemosynary  institutions  shall  be  paid 
on  the  warrant  of  the  Auditor  General  on  a  settlement 
made  by  him  and  the  State  Treasurer,  but  no  warrant 
shall  be  drawn  on  settlement  made  until  the  directors 
or  managers  of  such  institutions  shall  have  made, 
under  oath,  to  the  Auditor  General  a  report  accom- 
panied b}^  the  vouchers  containing  a  specifically  item- 
ized statement  of  the  receipts  from  all  sources  and  the 
expenses  of  the  Institution  during  the  previous 
quarter,  together  with  the  cash  balance  on  hand,  and 
the  same  is  approved  by  him  and  the  State  Treasurer, 
nor  until  the  State  Treasurer  shall  have  sufficient 
money  in  the  Treasury,  not  other  wise  appropriated, 
to  pay  the  quarterly  instalments  due  the  Institu- 
tion ;  and  unexpended  balances  of  sums  appropriated 
ion  specific  purposes,  shall  not  be  used  for  other 
purposes,  whether  specific  or  general,  and  shall  re- 
vert to  the  State  Treasurer  at  the  close  of  the  two 
fiscal  years  for  which  it  was  made. — Act  of  March 
15th,  1899. 


65 


INSANE  CONVICTS 


LAWS   RELATING   TO    THE    INSANE    CONVICTS   IN 
THE  PENITENTIARY. 


The  Care  of   Adjoining   Street,    and    Repair   of 
Buildings,  Etc. 


$10,000  appro- 
priated to 
E.  S.  P.  for  cer- 
tain improve- 
ments. 


That  the  further  sum  of  ten  thousand  dollars  be, 
and  the  same  is  hereby  appropriated  to  the  Eastern 
Penitentiary,  for  the  purpose  of  grading  and  curbing, 
and  paving  the  street  adjoining  ;  preserving  the  build- 
ings from  decay,  and  altering  and  improving  a  part 
of  them  for  the  suitable  accommodation  of  prisoners, 
whose  mental  or  physical  condition  requires,  in  the 
opinion  of  the  Inspectors,  a  temporary  relaxation  of 
the  separate  confinement  system  :  Provided,  That 
whenever,  in  the  opinion  of  the  Inspectors  of  the 
Eastern  Penitentiary,  any  of  the  prisoners  therein 
confined,  shall  develop  such  marked  insanity  as  to 
render  their  continued  confinement  in  said  Penitenti- 
ary improper,  and  their  removal  to  the  State  Lunatic 
Hospital  necessary  to  their  restoration,  it  shall  be  the 
duty  of  the  said  Inspectors  to  submit  such  cases  to  a 
Board,  composed  of  the  District  Attorney  of  the 
County  of  Philadelphia,  the  Principal  Physician  of  the 

m 


Pennsylvania  Hospital  for  the  insane  at  Philadelphia, 
and  the  Principal  Pliysican  of  the  Friend's  Insane 
Asylum,  at  Frankford,  in  Philadelphia  County,  and 
in  case  a  majority  of  them  cannot,  at  any  time  when 
required  attend,  a  competent  physician  or  physicians 
to  be  appointed  by  the  Court  of  Quarter  Sessions  of 
the  County  of  Philadelphia,  in  place  of  such  as  cannot 
attend,  upon  whose  certificate  of  insanity  or  the  cer- 
tificate of  any  two  of  them  transmitted  to  the  Gover- 
nor, and  if  by  him  approved,  he  shall  direct  that  the 
said  insane  prisoners  shall  be,  by  said  Inspectors,  re- 
moved to  the  State  Lunatic  Hospital,  there  to  be  re- 
ceived safely,  kept,  and  properly  provided  for,  at  the 
charge  and  cost  of  the  County  from  which  they  were 
sent  to  the  penitentiary  ;  and  if,  at  any  time  during 
the  period  for  which  any  such  insane  prisoner  shall 
have  been  sentenced  to  confinement  in  the  Eastern 
Penitentiary,  they  shall,  in  the  opinion  of  the  Trustees 
of  said  Lunatic  Hospital,  be  so  far  restored  as  to  ren- 
der their  return  to  said  Penitentiary  safe  and  proper, 
then  the  said  Trustees  shall  cause  the  said  prisoner  to 
be  returned  to  said  Eastern  Penitentiary,  due  notice  to 
be  given  to  the  Clerk  of  the  Court  of  Quarter  Sessions 
of  the  Count}^  from  w^liich  such  prisoners  were  sent  to 
the  Penitentiary,  of  all  such  removals  and  transfers. — 
Section  42,  Act  of  May  4.th,  1852. 

The  above  Act  is  probably  repealed  by  Act  ot  1874. 


89 
To  Provide  for  the   Custody    of    Insane    Persons 
Charged  With    and    Acquitted    or 
Convicted    of  Crime. 


Removal  of  in- 
sane convicts 
from  E.  S.  P.   to 
State  Lunatic 
Asylum. 


Be  it  enacted,  &c..  That  whenever  any  person  is  im- 
prisoned  within  the  Commonwealth,  convicted  of  any 
crime  whatever  or  charged  with  any  crime  and  ac- 


Insane  convict- 
ed  or  acquitted 
of  crime  may  be 
removed  to 
hospitals. 


Application  to 
be  made  to 
Court  or  Judge. 


This  Act  proba- 
bly repeals  Act 
of  1852,  see  sec- 
tion below. 


quited  on  the  grounds  of  insanity,  application,  in  writ- 
ing,  may  be  made  by  the  Warden,   Superintendent, 
Physician,  or  any   Inspector   of   the    Penitentiary   or 
Prison  in  which  such  person  is  imprisoned,  or   by  the 
General  Agent  of  the  Board  of  Public  Charities,  to  the 
Court  hereinafter  named,  or  any  Law  Judge  thereof, 
which  application  shall  certify,  under  oath  or  affirma- 
tion,  that   such   prisoner   is  believed   to   be   insane, 
and  shall  request  that  such  prisoner  shall  be  removed 
to   a  hospital   for   the    insane,    whereupon    it    shall 
be    lawful    for    any   Judge   learned   in   the    Law   of 
any   Court   within   this   Commonwealth    having   im- 
mediate  cognizance   of    the  crime    with   which   such 
prisoner    is    charged,    or    of    the    Court    by    which 
such    prisoner    has    been    convicted,    to    appoint    a 
commission  of  three  citizens  of  this  Commonwealth, 
of  whom  one  shall  be  of  the  profession  of  medicine  and 
one  of  the  profession  of  the  Law,  whose  duty  it  shall 
be  to  inquire  into  and  report  upon  the  mental  condi- 
tion of  such  prisoner,  and  if  in   a  report  signed  by  a 
majority  or  all  of  the  members  of  such  commission  it 
shall  appear  that  the  prisoner  inquired  of  is  of  un- 
sound mind  and  unfit  for  penal  discipline,  it  shall  be 
lawful  for  the  Judge  issuing  such  commission,   or  for 
any  other  Judge  of  the  same  Court  learned  in  the  Law, 
to  make  an  order,  under  the  seal  of  such  Court,  direct- 
ing the  removal  of  such  prisoner  from  the  place  of  his  or 
her  imprisonment  and  that  he  or  she  shall  be  received, 
maintained  and  cared  for  by  the  Hospital  for  the  In- 
sane nearest  to  such  place  of  imprisonment,  and  which 
shall  or  may  receive  aid  or  support  from  the  Treasury 
of  the  State,  and  that  such  patient  shall  be  detained  in 
such  hospital  until  an  order,  as  hereinafter  provided, 
shall  be  granted  by  the  said  Court,  or  any  Judge  there- 
of learned  in  the  Law,  for  the  return  of  such  prisoner 


08 


to  the  Penitentiary  or  prison  from  which  he  or  she  was 
removed,  or  for  his  or  her  discharge  from  such  hospi- 
tal. Provided  Always:  That  whenever  any  hospital 
shall  be  established  especially  for  the  care  of  insane 
patients  who  shall  have  been  convicted  of  crime,  when- 
ever separate  accommodations  shall  be  made  for  such 
patients  in  any  hospital  aided  from  the  Treasury  of  the 
State,  the  order,  as  aforesaid,  for  the  removal  of  any 
such  person  from  his  or  her  place  of  imprisonment 
shall  direct  that  he  or  she  shall  be  received,  maintained 
and  cared  for  in  such  special  hospital  or  in  the  separ- 
ate accommodations  of  any  hospital  prepared  for  such 
purpose. — Section  1,  Act  of  May  IJfth,  187 J/.. 


90 

When  and  How  Prisoners  to  be  Remanded 

TO  Prison  or  for  Trial. 


Whenever  the  Superintendent  or  proper  other  med- 
ical- authority  of  any  Hospital  for  the  Insane,  to  which 
any  patient  shall  have  been  sent  under  the  provisions 
of  this  Act,  shall,  in  writing,  certify  to  the  Judge  or 
Court  by  whom  the  order  for  removal  and  detention 
has  been  made,  that  such  patient  has  been  so  far  re- 
stored to  mental  sanity  as  no  longer  to  need  the  reme- 
dial or  costodial  care  of  such  hospital,  it  shall  be  law- 
ful for  the  said  Judge  or  Court,  if  the  term  of  impris- 
onment for  which  such  prisoner  was  sentenced  has  not 
expired,  to  remand  such  prisoner  to  the  place  of  im- 
prisonment from  which  he  or  she  was  brought  to  such 
hospital,  to  serve  out  the  unexpired  term  of  sentence, 
or  if  such  prisoner  become  unsound  in  mind  after  the 
alleged  crime  and  before  the  conviction,  to  remand 
such  prisoner  for  trial  ;  but  if  the  term  for  which  such 
prisoner  was  sentenced  shall   have  expired,  or  if   the 


crime  wherewith  such  prisoner  is  charged  sliall  liave 
been  committed  during  his  or  her  probable  insanity, 
and  in  all  cases  provided  for  in  the  second  section  of  this 
Act,  it  shall  be  lawful  for  the  said  Judge  or  Court  to 
order  the  discharge  of  such  patient  from  the  said  hos- 
pital.—/Section  3,  Act  of  May  llfth,  187 Jf. 


91 
How  Expenses  of  Removal,  &c.  ,  to  be  Paid. 


That  the  expenses  incurred  for  the  removal  of  anj^ 
insane  person  from  a  place  of  imprisonment  to  any 
hospital,  or  for  their  removal  from  such,  hospital,  in 
pursuance  of  the  provisions  of  this  Act,  and  of  his  or 
her  detention,  maintenance  and  care  in  the  said  hos- 
pital, shall  be  chargeable  to  and  paid  by  the  Com- 
missioners of  the  County  in  which  the  alleged  crime 
with  which  he  or  she  was  charged  was  committed  ;  and 
the  said  Commissioners  shall  have  remedy  over  against 
the  poor  district,  liable  under  existing  laws,  or  against 
the  estate  and  effects  of  every  such  prisoner,  for  the 
reimbursement  of  such  expenses  to  the  said  County. 

That  all  provisions  of  any  Act  or  Acts  of  Assembly 
inconsistent  with  or  supplied  by  the  provisions  of  this 
Act  be  and  the  same  are  hereby  repealed. — Sections  5 
and  6,  Act  of  May  l^th,  187 Jf. 


92 
Removal  of  Insane  Criminals  to  Hospital. 


Whenever  any  person  detained  in  any  gaol  or 
prison  is  insane,  or  in  such  a  condition  as  to  require 
treatment  in  a  hospital  for  the  insane,  it  shall  be  the 
duty  of  any  Law  Judge  of  the   Court,    under   whose 

70 


order  tlie  person  is  detained,  npon  applieation,  to  di- 
rect an  inquiry  into  the  circumstances,  either  by  a 
commission,  or  otherwise,  as  he  shall  deem  proper, 
with  notice  to  the  Committee  on  Lunacy  ;  and  if  the 
Judge  shall  be  satisfied  that  the  person  confined  re- 
quires treatment  in  a  hospital,  he  shall  thereupon  di- 
rect the  removal  of  said  person  from  the  gaol  or 
prison  to  a  State  Hospital,  which  order  shall  be  exe- 
cuted by  the  Sheriff  of  the  County  or  his  Deputy,  and 
the  actual  expenses  of  such  removal,  and  the  expenses 
of  maintenance,  shall  be  paid  by  the  County  liable 
for  the  maintenance  of  the  said  person  in  the  gaol  or 
prison  from  which  he  is  removed. — Section  29,  Act  of 
May  Uth,  1883. 

The  above  Act  does  not  repeal  the  Act  of  1874,  see  sections,  89,  90  and  91. 


Proceedings  for 
removal  of  in- 
sane crtTnirrals 
to  hospital 
under  provi- 
sions of  Act  of 
1883. 


71 


CONVICT  LABOR. 


LAWS  RELATING   TO   CONVICT   LABOR    AND  LABOR 
OF   EMPLOYEES  IN  THE  PENITENTIARY. 


93 

An  Act  Governing  the  Working  Hours  of 

Convicts. 


This  Act  has 
probably  be- 
come obsolete 
since  contract 
labor  was  abol- 
ished in  1883. 


Be  it  enacted,  &c. ,  That  such  offenders,  unless  pre- 
vented by  ill  health,  shall  be  employed  in  work  every 
day  in  the  year,  except  Sundays  ;  and  the  hours  of 
work  in  each  day  shall  be  as  many  as  the  season  of 
the  year,  with  an  interval  of  half  an  hour  for  break- 
fast, and  an  hour  for  dinner,  will  permit,  but  not  ex- 
ceeding eight  hours  in  the  months  of  November,  De- 
cember and  January,  nine  hours  in  the  months  of 
February  and  October,  and  ten  hours  in  the  rest  of 
the  year ;  and  when  such  hours  of  work  are  passed, 
the  working  tools,  implements  and  materials,  or  such 
of  them  as  will  admit  of  daily  removal,  shall  be  re- 
moved to  places  proper  for  their  safe  custody,  until 
the  hour  of  labor  shall  return. — Section  10i,  Act  of 
April  5th,  1790. 


94 
An  Act  Governing  the  Wages  of  Convicts. 


Be  it  enacted,  &c. ,  That  in  order  to  encourage  in- 
dustry as  an  evidence  of  reformation,  separate  ac- 
counts shall  be  opened  in  the  said  books  for  all  con- 
victs sentenced  to  hard  labor,  for  six  months  and  up- 
ward, in  which  such  convicts  shall  be  charged  with 
the  expenses  of  clothing  and  subsistence,  and  such 
proportionable  part  of  the  expenses  of  the  raw  mate- 
rials upon  which  they  shall  be  employed,  as  the  In- 
spectors at  their  quarterly  or  other  meetings  shall 
think  just,  and  shall  be  credited  with  the  sum  or 
sums  from  time  to  time  received  by  reason  of  their 
labor,  and  if  the  same  shall  be  found  to  exceed  the 
said  expenses,  one  half  of  said  excess  shall  be 
laid  out  in  decent  raiment  for  such  convicts  at  their 
discharge,  or  otherwise  applied  to  their  use  and  benefit, 
as  the  said  Inspectors  shall  upon  such  occasions  direct; 
and  if  such  offender,  at  the  end  or  other  determina- 
tion of  his  term  of  confinement,  shall  labor  under  any 
acute  or  dangerous  distemper,  he  shall  not  be  dis- 
charged, unless  at  his  own  request,  until  he  can  be 
safely  discharged. — Section  17,  Ad  of  April  5th,  1790. 


95 

An   Appropriation  to   Provide  Means  for 

Employing  the  Convicts  in  the 

Eastern  Penitentiary. 


This  section  has 
never  been  re- 
pealed but  has 
been  modified 
and  amended  by 
Act  of  1883. 


Be  it  enacted,  &c.,  That  the  Board  of  Inspectors  of 
the  Eastern  Penitentiary  be  and  they  are  hereby 
authorized  to  draw  from  the  State  Treasury,  upon 
warrants  drawn  in  the  usual  manner,  any  sum  or 
sums  of  money  which  shall  not  exceed  in  the  whole 
four  thousand  dollars  as  a  fund  to  provide  the  neces- 


^000.00  appro- 
priated for  pur- 
chasing tools, 
Ac,  for  convicts 


73 


This  Act  to  be 
construed  in 
connection  with 
Act  of  1883. 


sary  tools,  materials,  fuel,  food  and  clothing  for  the 
convicts  confined  in  said  penitentiary,  which  warrants 
shall  be  paid  out  of  any  unappropriated  moneys  in 
the  Treasury. — Section  1,  Act  of  April  3rd,  1830. 


96 
An  Act  Relating  to  the   Earnings    of    Convicts. 


Be  it  enacted,  &c..  That  if  on  the  annual  settle- 
ment of  accounts  of  the  Eastern  and  Western  Peni- 
tentiaries it  shall  be  found  that  the  net  profits  on  the 
articles  manufactured  and  labor  performed  shall  be 
equal  to  the  full  amount  of  expenditures  of  said  estab- 
lishments that  the  Inspectors  shall  not  make  any 
charge  to  the  Counties  from  whence  prisoners  are 
sent,  and  that  whenever  the  whole  number  of  convicts 
from  any  one  County  earn  as  much  as  the  amount  of 
expenses  of  said  prisoners  that  the  said  Counties  shall 
not  be  chargeable  for  the  deficiency  of  any  one 
individual  prisoner. — Section  3,  Act  of  February  27th, 
1833. 


$15000.00  appro- 
priated for  man- 
ufacturing pur- 
poses in  the 
Eastern  Peni- 
tentiary. 


The  proviso  is 

inoperative 

now. 


97 

An    Act   Appropriating    Money   to    the    Eastern 
Penitentiary  for  Manufacturing  Purposes. 


Be  it  enacted,  &c. ,  That  the  sum  of  fifteen  thousand 
dollars  be,  and  the  same  is  hereby  appropriated  to  the 
Eastern  Penitentiary,  and  the  sum  of  five  thousand 
dollars  be,  and  the  same  is  hereby  appropriated  to  the 
Western  Penitentiary,  as  funds  to  be  applied  exclu- 
sively to  manufacturing  purposes  :  Provided,  That 
the  articles  manufactured  in  said  prisons  shall  not  be 
sold  to  persons  within  this  Commonwealth  at  lower 
prices  than  articles  of  like  quality  are  sold  by  others. 


74 


or  in  any  manner  come  into  competition  with  free 
labor  ;  the  sum  of  fifteen  thousand  dollars  to  be  paid 
to  the  Inspectors  of  the  Eastern,  and  the  sum  of  five 
thousand  dollars  to  be  paid  to  the  Western  Peniten- 
tiary, out  of  any  unappropriated  moneys  in  the 
Treasury,  to  be  paid  by  warrants  drawn  by  the  Gov- 
ernor, in  favor  of  the  Inspectors  of  the  respective 
Penitentiaries. — Section  2,  Act  of  March  22nd,  1836. 


98 

An  Act  Relating  to  the  Keeping  of 

Manufacturing  Accounts. 


Be  it  enacted,  &c.,  That  the  respective  Board  of 
Inspectors  shall  cause  to  be  kept  separate  and  dis- 
tinct accounts  to  be  called  the  manufacturing 
accounts,  which  shall  be  charged  with  the  said  sums 
of  fifteen  and  five  thousand  dollars  respectively,  and 
in  their  annual  settlement,  they  shall  forward  a  copy 
of -the  same  to  the  accountant  department,  and  the 
said  fund  shall  be  exclusively  held  as  a  capital  for  the 
purchase  of  the  raw  material  for  the  manufacturing 
department,  particularly  stating  the  quality  of  the 
articles  manufactured  there,  their  different  kinds,  the 
quantity  sold  during  the  last  j^ear,  as  well  as  the 
quantity  on  hand,  and  the  amount  of  profits,  if  any 
accrued,  so  as  to  show  the  exact  state  of  the  capital, 
as  near  as  may  be,  at  the  time  of  making  such  state- 
ment, and  the  Inspectors  shall  not,  under  any  contin- 
gencies, allow  the  same  to  be  reduced  to  less  than 
the  respective  sums  of  fifteen  and  five  thousand 
dollars  ;  Provided,  That  at  the  end  of  seven  years, 
the  sums  hereby  granted  by  the  second  section  of  this 
Act  (see  section  above)  shall  be  returned  to  the 
Commonwealth. — Section  3,  Act  of  March  22nd,  1836. 


Manufacturing 
accounts  to  be 
kept. 


Profits, 


Original  appro- 
priation to  be 
returned. 


75 


Convict  labor  to 
be  employed  for 
the  State. 


Convicts  to 
receive  wages. 


Appropriation 
of  wages. 


Repeal. 


99 

An  Act   Abolishing  Contract   Labor  and   Fixing 

Wages  of  Convicts. 


Be  it  enacted,  «&c. ,  That  at  the  expiration  of  ex- 
isting contracts  the  Board  of  Inspectors,  Wardens,  or 
other  Officers  of  State  Prisons  and  Reformatorj^  In- 
stitutions are  directed  to  employ  the  convicts  under 
their  control  for  and  in  behalf  of  the  State. 

Section  4. — All  convicts  under  control  of  the  State 
and  County  Officers,  and  all  inmates  of  Reformatory 
Institutions  engaged  in  the  manufacture  of  articles 
for  general  consumption,  shall  receive  quarterly 
wages  equal  to  the  amount  of  their  earnings,  to  be 
fixed  from  time  to  time  by  the  authorities  of  the 
Institution,  from  which  board,  lodging  and  clothing 
and  the  cost  of  trial,  shall  be  deducted,  and  the 
balance  paid  to  their  families,  or  dependents  ;  in  case 
none  suc^  appear  the  amount  shall  be  paid  to  the 
convict  at  the  expiration  of  the  term  of  imprison- 
ment. 

Section  5. — That  all  Acts  or  parts  of  Acts  incon- 
sistant  with  the  provisions  of  this  Act  are  hereby 
repealed. — Ad  of  June  13th,  1883. 


Convict  made 
goods  to  be 
branded. 


100 

An   Act    Relating    to   the   Branding   of  Convict 

Made  Goods. 


Be  it  enacted,  &c..  That  from  and  after  the  passage 
of  this  Act  all  goods,  wares,  merchandise  or  other 
article  or  thing  made  by  convict  labor,  in  any  peni- 
tentiary, reformatory  prison,  school  or  other  estab- 
lishment in  which  convict  labor  is  employed,  whether 
for  the  direct  benefit  and  maintenance  of  such  peni- 


tentiary,  reformatory  prison,  school  or  other  estab- 
lishment, or  upon  contract  by  the  authorities  of  the 
same  with  any  third  person,  all  and  every  such  goods, 
wares,  merchandise,  article  or  thing  immediately 
upon  completion  of  the  same,  shall  be  branded  as 
hereinafter  provided,  and  shall  not  be  taken  into  or 
exposed  in  any  place  for  sale  at  wholesale  or  retail 
without  such  brand. 

Section  2. — That  the  brand  herein  required  shall 
be  in  plain  English  lettering,  and  shall  contain  at  the 
head  or  top  of  said  brand  the  words  ^ '  convict  made, ' ' 
followed  by  the  year  and  the  name  of  the  penitentiary,  - 
reformatory  prison,  school  or  other  establishment  in 
which  made.  That  the  brand  aforesaid  shall  in  all 
cases,  when  the  nature  of  the  article  will  permit,  be 
placed  upon  the  same,  and  only  where  such  branding 
is  impossible  it  shall  or  may  be  placed  upon  the  box 
or  other  receptacle  or  covering  in  which  it  is  contained, 
and  the  same  shall  be  done  by  casting,  burning, 
pi:essing  or  other  such  process  or  means  as  that  the 
same  may  not  be  defaced,  and  in  all  cases  shall  be 
upon  the  most  conspicuous  place  upon  such  article  or 
the  box,  receptacle,  or  covering  containing  the  same  : 
Provided,  That  goods,  wares  and  merchandise  shipped 
to  points  outside  of  the  State  shall  not  be  so  branded. 

Section  3. — That  it  shall  be  the  duty  of  the  manager, 
principal  or  superintendent  of  any  penitentiary,  re- 
formatory prison,  school  or  other  establishment  within 
this  Commonwealth  wherein  convict  labor  is  employed, 
to  see  that  the  brand  herein  required  shall  be  so 
placed  as  aforesaid  before  such  goods,  wares,  merchan- 
dise or  other  article  or  thing  shall  be  removed  or 
taken  from  the  place  where  made,  and  upon  failure  or 
neglect  to  do  so,  svich  manager,  principal  or  superin- 
tendent shall  be  deemed  guilty  of  a  misdemeanor,  and 


otherwise  on 
the  box. 


Style  and  place 
of  brand. 
Goods  shipped 
out  of  the  State 
exempt. 


Managers  are  to 
see  that  goods 
are  branded. 


77 


Neglect  to  be 
deemed  a  mis- 
demeanor. 
Penalty. 


upon  conviction  thereof,  shall  be  sentenced  to  pay  a 
fine  not  exceeding  $1,000  or  undergo  an  imprisonment 
not  exceeding  one  year,^  or  either  or  both  at  the  dis- 
cretion of  the  Court. — Act  of  June  20th,  1883. 


Eight  hours 
to  constitute  a 
day.'s  labor. 


Superinten- 
dents and  others 
prohibited  from 
allowing  more 
than  eight  hours 
service. 


Governor 
authorized  to 
carry  out  the 
foregoing  sec- 
tions. 


101 

An  Act  Regulating  the  Number  of  Hours 

Employees  in  Penitentiaries  Shall 

Work  per  Day. 


Be  it  enacted,  &c. ,  That  from  and  after  the  passage 
•  of  this  Act,  eight  hours  out  of  the  twenty  four  of  each 
day  shall  make  and  constitute  a  day's  labor  and  ser- 
vice in  the  penitentiaries  and  reformatory  institutions 
which  shall  receive  support  from  appropriation  made 
by  the  General  Assembly  of  this  Commonwealth,  and 
by  taxes  levied  and  paid  by  the  several  counties 
thereof  in  whole  or  in  part. 

Section  2. — That  all  the  superintendents  and  officers 
over,  and  all  persons  authorized  to  make  contracts  for, 
and  to  employ  persons  for  labor  and  service,  or 
appoint  under  officers  in,  for  and  around  said  peni- 
tentiaries and  reformatory  institutions  mentioned  in 
the  first  section  of  this  Act,  are  hereby  forbidden  and 
prohibited  under  the  penalties  mentioned  in  the  third 
section  of  this  Act,  from  allowing  or  compelling  any 
of  said  employees  or  under  officers  to  give  and  serve 
any  more  than  eight  hours  out  of  each  twenty-four 
hours  in  such  service  or  labor. 

Section  3. — That  the  Governor  of  this  Common- 
wealth is  hereby  authorized  and  directed  to  execute 
and  carry  out  the  foregoing  sections  of  this  Act,  and 
is  hereby  authorized,  empowered  and  directed,  upon 
complaint  and  petition  of  any  of  the  laborers  and 
under   officers  mentioned   in  the  foregoing   sections, 


that  he  or  they  have  been  compelled  or  required 
to  serve  contrary  to  the  provisions  of  the  foregoing 
sections  of  this  Act,  to  hear  and  determine  the  same 
and  in  the  event  of  it  appearing  to  him  that  the  pro- 
visions of  this  Act  have  been  violated  or  in  any 
manner  evaded,  he  is  authorized  and  empowered  to 
suspend  or  dismiss  from  his  office  or  post  the  officer, 
superintendent  or  other  person  determined  to  be 
guilty  of  violating  or  evading  the  same,  and  that  such 
vacancy  caused  by  the  suspension  or  dismissal  of  said 
officers,  superintendents  or  other  persons  so  deter- 
mined to  have  violated  the  provisions  of  this  Act, 
shall  be  filed  in  the  manner  heretofore  provided  by 
Law. 

Section  4. — All  Acts  or  parts  of  Acts  inconsistent 
herewith  be  and  the  same  are  hereby  repealed  :  Pro- 
vided, That  this  Act  shall  not  be  construed  to  have 
reference  to  any  institution  wherein  the  employees 
are  resident. — Act  of  May  20th,  1891. 


Shall  not  apply 
where  em- 
ployees are 
resident. 


102 

An  Act  Regulating  the  Employment   of  Inmates 
OF  State  Prisons. 


Be  it  enacted,  &c. ,  That,  from  and  after  the  passage 
of  this  Act,  no  warden,  superintendent  or  other 
officer  of  any  State  prison,  penitentiary,  or  State  re- 
formatory, having  control  of  the  employment  of  the 
inmates  of  said  institutions,  shall  employ  more  than 
five  per  cent  of  the  whole  number  of  inmates  of  said 
institutions  in  the  manufacture  of  brooms  and  brushes 
and  hollow- ware,  or  ten  per  cent  in  the  manufacture 
of  any  other  kind  of  goods,  wares,  articles  or  things 
that  are  manufactured  elsewhere  in  the  State  except 


Employment  of 
inmates  of  State 
prisons  regu- 
lated. Percen- 
tage to  be  em-^ 
ployed. 


79 


Proviso. 


Machinery  not 
to  be  used. 
Exception. 


Violations  of 
this  Act  a  mis- 
demeanor. 


Penalty. 


mats  and  matting,  in  the  manufacture  of  which 
twenty  per  cent,  of  the  whole  number  of  inmates  may 
be  employed  :  Provided,  That  this  Act  shall  not  apply 
to  goods  manufactured  for  the  use  of  the  inmates  of 
such  institutions. 

Section  3. — That  no  machine  operated  by  steam, 
electricity,  hydraulic  force,  compressed  air,  or  other 
power,  except  machines  operated  by  hand  or  foot 
power,  shall  be  used  in  any  of  the  said  institutions  in 
the  manufacture  of  any  goods,  wares,  articles  or 
things  that  are  manufactured  elsewhere  in  the  State. 

Section  4. — Any  warden,  superintendent,  or  other 
officer,  or  person  having  control  of  the  employment  of 
inmates  of  any  of  the  within  mentioned  State  or 
County  institutions,  or  other  penal  institutions  where- 
in convict  labor  is  employed  within  the  State  of  Penn- 
sylvania, violating  the  provisions  of  this  Act,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  sentenced  to  pay  a  fine  not  exceeding- 
one  thousand  dollars,  or  undergo  an  imprisonment 
not  exceeding  one  year,  or  both  at  the  discretion  of 
the  Court.— ^c^  of  June  18,  1897. 


103 
An  Act  Amending  the  Act  of  June,   1897. 


This  Act  fixes 
the  number  of 
convicts  to  be 
employed  at 
35  per  cent. 


Be  it  enacted,  &c. ,  That  section  one  of  '  'An  Act  of 
Assembly,"  entitled  ''An  Act  limiting  the  number  of 
inmates  of  State  prisons,  penitentiaries.  State  reform- 
atories and  other  penal  institutions  within  the  State 
of  Pennsylvania,  to  be  employed  in  the  manufacturing 
of  goods  therein  and  prohibiting  the  use  of  machinery 
in  manufacturing  said  goods, ' '  shall  be  and  the  same  is 
hereby  amended  to  read  as  follows  :  That  from  and 


80 


after  the  passage  of  this  Act  no  warden,  superin- 
tendent or  other  officer  of  any  State  prison,  penitenti- 
ary or  State  reformatory  having  control  of  the  employ- 
ment of  the  inmates  of  said  institutions,  shall  employ 
more  than  five  per  cent,  of  the  whole  number  of  in- 
mates of  said  institutions  in  the  manufacture  of 
brooms,  brushes  and  hollow-ware,  and  ten  per  cent, 
in  the  manufacture  of  any  other  kinds  of  goods, 
wares,  articles  or  things  that  are  manufactured 
elsewhere  in  the  State,  except  mats  and  matting,  in 
the  manufacture  of  which  twenty  per  cent,  of  the 
whole  number  of  inmates  may  be  employed. — Act  of 
April  28th,  1899. 


This  A^t  fixes 
the  number  of 
convicts  to  be 
employed  at 
35  per  cent. 


104 

An  Act  Designating  Days  to  be  Observed  as 

Legal  Holidays. 


Be  it  enacted,  &c..  That  the  following  days  and 
haM  daj^s,  namely  :  The  first  day  of  January,  com- 
monly called  New  Year's  Day  ;  the  twelfth  day  of 
February,  known  as  Lincoln's  Birthday  ;  the  third 
Tuesday  of  February,  Election  Day;  the  twenty-second 
day  of  February,  known  as  Washington's  Birthday  ; 
Good  Friday  ;  the  thirtieth  day  of  May,  known  as 
Memorial  Day  ;  the  fourth  of  July,  called  Independ- 
ence Day  ;  the  first  Monday  of  September,  known  as 
Labor  Day  ;  the  first  Tuesday  after  the  first  Monday 
of  November,  Election  Day  ;  the  twenty-fifth  day  of 
December,  known  as  Christmas  Day  ;  and  every 
Saturday  after  twelve  o'clock  noon  until  twelve 
o'clock  midnight,  each  of  which  Saturdays  is  hereby 
designated  a  half  holiday,  and  any  day  appointed  or 
recommended  by  the  Governor  of  this  State  or  the 
President  of  the  United  States  as  a  day  of  thanks- 

81 


giving  or  fasting  and  prayer,  or  other  religious 
observance,  shall  for  all  purposes  whatever  as  regards 
the  protesting  and  giving  notice  of  the  dishonor  of 
bills  of  exchange,  checks,  drafts,  and  promissory 
notes,  made  after  the  passage  of  this  Act,  be  treated 
and  considered  as  the  first  day  of  the  week,  commonly 
called  Sunday,  and  as  public  holidays  and  half-holi- 
days.— Section  1,  Act  of  June  23rd,  1897. 


BOARD   OF  PUBLIC  CHARITIES. 


LAWS    RELATING    TO    THE    APPOINTMENT   AND 
DUTIES  OF  THE  BOARD   OF   PUBLIC    CHARITIES. 


105 
Governor  to  Appoint  Commission. 


Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  Commonwealth  of  Pennsylvania  in 
General  Assembly  met,  and  it  is  hereby  enacted  by 
the^  authorit}^  of  the  same,  That  the  Governor  with 
advice  and  consent  of  the  Senate,  shall  as  soon  as 
practicable  after  the  passage  of  this  Act,  appoint  five 
commissioners,  who  together  with  the  General  Agent 
and  Secretary  hereinafter  mentioned,  shall  constitute  a 
Board  of  Public  Charities  ;  one  of  the  persons  so  ap- 
pointed shall  hold  office  for  one  year,  one  for  two 
years,  one  for  three  years,  one  for  four  years,  and  one 
for  five  years,  unless  sooner  removed  ;  appointments 
to  fill  vacancies  caused  by  death,  resignation  or  re- 
moval before  the  expiration  of  terms,  may  be  made 
for  the  residue  of  such  terms,  by  the  Governor,  sub- 
ject to  the  consent  of  the  Senate,  and  all  appointments 
to  fill  vacancies  caused  by  expiration  of  terms  shall  be 
made  in  the  same  manner,  and  shall  be  for  the  period 
of  five  years  each. 

83 


Terms  of  office. 


Vacancies 


Commission  to 
be  sworn. 


To  elect  Presi- 
dent, appoint 
General  Agent, 
Secretary,  &c. 


Meetings  of  the 
Board. 


Term  of  office  of 
General  Agent 
and  Secretary. 


Section  2. — The  Commissioners,  before  entering  up- 
on their  duties,  shall,  respectively,  take  and  subscribe 
the  oath  required  of  other  State  officers,  which  shall 
be  filed  in  the  office  of  the  Secretary  of  the  Common- 
wealth, who  is  hereby  authorized  and  directed  to 
administer  said  oath  ;  they  shall  have  power  to  elect 
a  President  out  of  their  own  number,  to  appoint  a 
General  Agent  and  Secretary,  and  to  adopt  such 
regulations  for  the  transaction  of  the  business  of  the 
Board  and  the  management  of  its  affairs  as  they  may 
deem  expedient. 

Section  3. — The  said  Board  shall  be  provided  with  a 
suitable  room  in  the  State  Capitol,  in  which  it  shall 
hold  its  meetings,  and  it  shall  meet  therein  at  least 
once  in  every  three  months ;  the  time  for  such 
regular  meetings  to  be  fixed  at  the  time  of  its  organ- 
ization ;  the  Commissioners  shall  receive  no  compen- 
sation for  their  services  but  their  actual  traveling  and 
other  necessary  expenses,  which  shall  be  paid  by  the 
State  Treasurer,  upon  the  certificate  of  the  Auditor 
General. 

Section  4. — That  the  General  Agent  and  Secretary 
of  the  Board  of  Public  Charities  shall  hold  his  office 
for  three  years,  unless  sooner  removed,  he  shall  be  a 
member  of  the  Board  ex-officio,  and  it  shall  be  his 
duty,  subject  to  the  control  and  direction  of  said 
Board,  to  keep  a  correct  record  of  its  proceedings, 
perform  such  clerical  services  as  it  may  require,  over- 
see and  conduct  its  outdoor  business,  visit  all  charita- 
ble and  correctional  institutions  in  the  State  at  least 
once  in  each  year,  except  as  hereinafter  provided,  and 
as  much  oftener  as  the  Board  may  direct,  examine 
the  returns  of  the  several  cities,  counties,  wards, 
boroughs  and  townships  in  relation  to  the  support  of 
paupers   therein,    and  in   relation  to   births,    deaths 


84 


and  marriages  ;  and  lie  shall  prepare  a  series  of  inter- 
rogations, with  the  necessary  accompanying  blanks,  to 
the  several  institutions  of  charity,  reform  and  correc- 
tion in  the  State  and  to  those  having  charge  of  the  ~ 
poor  in  the  several  counties  thereof  or  any  subdivision 
thereof,  with  a  view^  to  illustrate,  in  his  annual  report 
the  causes  and  the  best  treatment  of  pauperism,  crime,  - 
disease  and  insanity  ;  he  shall  also  arrange  and  pub- 
lish in  his  said  report  all  desirable  information 
concerning  the  industrial  and  material  interests  of  the 
Commonwealth  bearing  upon  these  subjects,  and  shall 
have  free  access  to  all  reports  and  returns  now  re- 
quired by  Law  to  be  made  ;  and  he  may  also  propose 
such  general  investigations  as  he  may  think  best  for 
the  approval  of  the  Board.  He  shall  be  paid  annually 
the  sum  of  three  thousand  dollars,  and  his  actual 
traveling  expenses. 

Section  5. — The  said  Commissioners  shall  have  full 
power,  either  by  themselves  or  the  General  Agent,  at  Powers  of 
all  times,  to  look  into  and  examine  the  condition  of  all 
charitable,  reformatory  or  correctional  institutions 
within  the  State,  financially^  and  otherwise,  to  inquire 
and  examine  into  their  methods  of  instruction,  the 
government  and  management  of  their  inmates,  the 
official  conduct  of  trustees,  directors,  and  other 
officers  and  employees  of  the  same,  the  condition  of 
the  buildings,  grounds  and  other  property  connected 
therewith,  and  into  all  other  matters  pertaining  to 
their  usefulness  and  good  management ;  and  for  these 
purposes  they  shall  have  free  access  to  the  grounds, 
buildings  and  all  books  and  papers  relating  to  said 
institutions  ;  and  all  persons  now  or  hereafter  con- 
nected with  the  same  are  hereby  directed  and  required 
to  give  such  information  and  afford  such  facilities  for 
inspection  as  the  said  Commissioners  may  require  ; 

85 


Commis^sioners. 


To  visit  charita- 
ble institutions 
receiving  State 
aid. 


General  Agent 
to  visit 
prisons  and 
almshouses. 


Duty  of  persons 
having  charge 
of  prisons,  &c. 


and  any  neglect  or  refusal  on  the  part  of  an}^  officer 
or  person  connected  with  such  institution  to  comply 
with  any  of  the  requirements  of  this  Act,  shall  sub- 
ject the  offender  to  a  penalty  of  one  hundred  dollars, 
to  be  sued  for  and  collected  by  the  General  Agent,  in 
the  name  of  the  Board. 

Section  6. — The  said  Commissioners,  by  themselves 
or  their  General  Agent,  are  hereby  authorized  and 
required,  at  least  once  in  each  year,  to  visit  all  the 
charitable  and  correctional  institutions  of  the  State 
receiving  State  aid,  and  ascertain  whether  the  moneys 
appropriated  for  their  aid  are  or  have  been  economi- 
cally and  judiciously  expended  ;  whether  the  objects 
of  the  several  institutions  are  accomplished  ;  whether 
the  laws  in  relation  to  them  are  fully  complied  with  ; 
whether  all  parts  of  the  State  are  equally  benefited  by 
them,  and  the  various  matters  referred  to  in  the  fifth 
section  of  this  Act ;  and  in  their  annual  report  to  the 
Legislature,  to  embody  the  result  of  their  investiga- 
tions, together  with  such  other  information  and 
recommendations  as  they  maj^  deem  proper. 

Section  7. — The  said  Board  shall  also  require  their 
General  Agent,  at  least  once  in  every  two  years,  to 
visit  and  examine  into  the  condition  of  each  of  the 
City  and  County  jails  or  prisons  and  alms  or  poor 
houses,  and  shall  possess  all  the  powers  relative 
thereto,  mentioned  in  the  fifth  section  of  this  Act, 
and  shall  report  to  the  Legislature  the  result  of  the 
examination,  in  connection  with  the  annual  report 
authorized  by  this  Act. 

Section  8. — It  shall  be  the  duty  of  all  persons 
having  charge  or  oversight  over  the  poor  in 
any  City  or  County  of  this  State,  or  in  any  sub- 
division thereof,  and  all  persons  having  charge  or 
control  of  County  jails,  or   prisons,    or   workhouses, 


8« 


and  of  all  other  persons  having  charge  or  control 
over  any  other  charitable,  reformatory^  or  correctional 
institution,  not  now  by  Law  required  to  make  an 
annual  report  of  the  condition  of  the  same,  to  make 
report,  annually,  to  the  said  General  Agent,  at  such 
time  and  in  such  manner  as  he  shall  prescribe,  of  such 
facts  and  statements  concerning  the  same  as  he  may 
require  ;  and  all  charitable,  reformatory  and  correc- 
tional institutions  now  required  by  law  to  make 
annual  reports,  shall  hereafter  make  and  transmit  the 
same  to  the  said  General  Agent  on  or  before  the  first 
day  of  January  in  each  year  ;  and  all  such  institu- 
tions now  receiving  or  that  may  hereafter  desire  to 
receive  State  aid,  shall  annually  give  notice  to  the 
said  General  Agent,  on  or  before  the  first  day  of  No- 
vember in  each  year,  of  the  amount  of  any  applica- 
tion for  State  aid  they  may  propose  to  make,  and  of 
the  several  purposes  to  which  such  aid,  if  granted  is 
to  be  applied. 

Section  9. — Whenever  any  such  institution  shall 
thus  give  notice  of  asking  for  State  aid,  the  General 
Agent  shall  inquire  carefully  into  the  ground  of  such 
request,  the  purpose  or  purposes  for  which  the  aid  is 
asked,  the  amount  which  will  be  required,  and  into 
any  matters  connected  therewith  ;  and  in  the  annual 
report  the  result  of  such  inquiries  shall  be  given,  to- 
gether with  the  opinions  and  conclusions  of  the  Board 
thereon. 

Section  10. — The  several  members  of  said  Board 
are  each  hereby  authorized  to  administer  oaths  in 
examining  any  person  or  persons,  relative  to  any 
matters  connected  with  the  inquiries  authorized  by 
this  Act. 

Section  11. — No  member  of  said  Board  shall  be  in- 
terested   directly   or   indirectly   in  any   contract   for 


Institutions 
desiring  State 
aid,  to  notify 
General  Agent. 


Agent  to  inquire 
into  grounds  of 
request,  &c. 


Members  of 
Board  may  ad- 
minister oaths. 


87 


Not  to  be  inter- 
ested in  certain 
contracts. 


To  make 
annual  report 
of  their  doings. 


building,  repairing  or  furnishing  any  institution, 
which  by  this  Act  they  or  anyone  of  them  are  author- 
ized to  visit  or  inspect;  nor  shall  any  trustee,  or  other 
officer  of  any  of  the  institutions  embraced  in  this  Act, 
be  eligible  to  the  office  of  Commissioner  or  General 
Agent  hereby  created. 

12. — The  Board  of  Public  Charities  shall  annually 
prepare  and  print,  for  the  use  of  the  Legislature,  a 
full  and  complete  report  of  all  their  doings  during  the 
year  preceding,  stating  fully  in  detail  all  expenses  in- 
curred, all  officers  and  agents  employed,  with  a  report 
of  the  General  Agent  and  Secretary,  embracing  all  the 
respective  proceedings  and  expenses  during  the  year, 
and  showing  the  actual  condition  of  all  charitable  and 
correctional  institutions  within  the  State  with  such 
suggestions  as  the  Board  may  deem  necessary  and 
pertinent  ;  and  the  said  General  Agent  and  Secretary 
is  hereby  authorized  to  prepare  the  necessary  blanks 
and  forward  the  same,  in  good  season,  to  all  institu- 
tions from  whom  information  or  returns  may  be 
needed,  and  to  require  a  prompt  return  of  the  same, 
with  the  blanks  properly  filled. 

Section  13. — The  said  Board  may  at  its  discretion, 
if  the  General  Agent  shall  be  unable  by  press  of  duties 
to  conduct  the  correspondence  of  the  Board,  appoint 
a  corresponding  secretary,  at  a  salary  not  exceeding 
one  thousand  dollars  per  annum,  who  shall  conduct 
the  correspondence  of  the  Board,  and  perform  such 
other  clerical  duties  as  may  be  required  of  him. — Act 
of  April  2ith,  1869. 

106 

Statements  to  be  Made   by    Prison   Inspectors  to 

Board  of  Public  Charities. 


The  statements  required   to   be   made   by  the   in- 
spectors,  sheriffs  or  other  persons  having  charge  of 


88 


any  penitentiary  or  jail  within  this  Commonwealth, 
under  the  provisions  of  the  first  section  of  the  Act 
approved  February  27th,  1847,  entitled  ''  An  Act  re- 
quiring the  inspectors  of  prisons,  sheriffs,  prothono- 
taries  and  clerks  of  Criminal  Courts  and  others,  to 
make  annual  returns  to  the  Secretary  of  the  Common- 
wealth, and  for  other  purposes,"  shall  hereafter  be 
made  to  the  Board  of  Public  Charities  of  this  Com- 
monwealth ;  and  that  it  shall  be  the  duty  of  the  in- 
spectors, sheriffs  or  other  persons  having  charge  of 
any  penitentiary  or  jail  within  this  Commonwealth, 
to  keep  the  records  of  the  penitentiary  or  jail  under 
their  charge,  after  forms  to  be  prepared  for  and  fur- 
nished them  by  the  said  Board  of  Public  Charities,  so 
that  the  information  and  statistics  intended  to  be  ob- 
tained by  the  said  first  section  of  this  Act  of  February 
27th,  1847,  and  such  other  information  and  statistics 
as  the  said  Board  of  Public  Charities  may  deem  neces- 
sary, may  be  presented  with  accuracy  and  uniformity. 
Section  1st,  Act  of  April  5th,  1872. 

[For  Act  of  February  27th,  1847,  referred  to  above  see  under  head  of  manage- 
ment. ) 


107 

An  Act  Relating  to  the  Time  Statements  are  to 

BE  Returned. 


That  it  shall  be  the  duty  of  said  inspectors,  sheriff's 
or  other  persons  to  make  return  of  the  statements  re- 
quired by  the  first  section  of  this  Act,  to  the  said 
Board  of  Public  Charities,  within  ten  daj^s  after  the 
first  day  of  January,  April,  July  and  October  in  each 
year,  if  required  by  said  Board  ;  and  upon  neglect  or 
refusal  to  make  statements  in  the  manner  and  at  the 
times  required  by  this  Act,  such  inspector,  sheriff,  or 
other  person  so  neglecting  or  refusing,  shall  forfeit 
and  pay  a  fine  of  not  less  than  one  hundred  dollars. 


Amendment  to 
Act  of  February 

27,  18T7.    - 


Return  of  state- 
ments to  be 
made  within 
certain  periods. 


HU 


Managers  of 
charitable  and 
correctional  in- 
stitutions, &c., 
to  keep  records 
in  form  pre- 
scribed by 
Board. 


Plan  of  prisons 
almshouses,  Ac, 
to  be  inspected 
and  improved 
by  Board. 


to  be  sued  for  and  collected  by  the  General  Agent,  in 
the  name  of  the  Board  of  Public  Charities,  for  the  use 
of  the  Commonwealth. — Section  2,  Act  of  April  5th, 
1872. 


108 
Records   in    Charitable   and   Other   Institutions 
TO  be   Kept. 


That  it  shall  be  the  dut}^  of  the  Overseers  and 
Directors  of  the  Poor,  or  other  persons  having  charge 
of  the  poor  in  the  several  counties,  cities,  boroughs 
and  townships  of  this  Commonwealth,  and  of  all 
directors  and  managers  of  charitable  and  correctional 
institutions  of  the  Commonwealth  receiving  State  aid, 
to  keep  their  records  after  the  manner  and  in  the  form 
to  be  prescribed  by  the  Board  of  Public  Charities,  and 
to  make  returns  thereof  to  said  Board  at  such  times 
as  they  may  direct,  and  in  default  thereof,  the  person 
or  persons  so  offending  shall  forfeit  and  pay  a  fine  of 
not  less  than  one  hundred  dollars,  to  be  sued  for  and 
collected  by  the  General  Agent,  in  the  name  of  the 
Board  of  Public  Charities,  for  the  use  of  the  Common- 
wealth.— Section  3,  Act  of  April  5th,  1872. 


109 

Plans  of  Prisons,  Etc.,  to    be    Inspected    by  the 

Board. 


That  before  any  County  prison  or  County  alms- 
house shall  be  erected  within  this  Commonwealth,  the 
plan  of  construction  of  such  prison  or  almshouse, 
drawn  sufficient!}^  in  detail  for  clear  comprehension 
thereof  shall  be  submitted  by  the  Commissioners  of 
the  County  in  which  the  same  is  to  be  built,  to  the 
Board  of  Public  Charities,  and  shall  be  inspected  and 
approved  b}^  said  Board,  and  so  certified  hj  the  Sec- 


90 


retary  of  said  Board  upon  the  plan,  a  copy  of  which 
shall  be  furnished  by  the  Commissioners  at  the  time 
of  their  submitting  the  original  as  aforesaid,  and  shall 
be  signed  by  the  Secretary  of  said  Board,  and  shall  be 
filed  and  remain  in  the  office  of  the  Secretary  of  the 
Commonwealth. — Section  ^,  Act  of  April  5thj  1872. 


110 

Board  May  Appoint  Visitors  to  Various 

Institutions. 


Be  it  enacted,  &c.,  That  the  said  Board  shall  have 
power,  by  a  resolution,  to  be  entered  on  its  minutes, 
subject  to  such  terms  and  regulations  as  it  may  pre- 
scribe, to  designate  three  or  more  persons  in  any 
County  to  act,   without  compensation,  as  visitors  in 

Officers  of  such 

said  County  of  the  several  poor-houses  and  other  insti-  institutions  to 
tutions  therein,  subject  to  the  visitation  of  the  Board,  *  ™^  ^^^^  *^^" 
inmid  of  and  as  representatives  of  such  Board  ;  and  all 
public  officers  and  others  in  charge  of  such  institu- 
tions shall  admit  to  such  institutions  all  persons  so 
designated  upon  the  production  of  a  copy  of  such 
resolution,  certified  by  the  President  or  Secretary  of 
said  Board,  to  visit,  examine  and  inspect  the  grounds 
and  buildings  of  every  such  institution  and  every  part 
thereof,  and  all  its  hospital  and  other  arrangements, 
and  to  have  free  access  to  all  its  inmates.  Any 
public  officer,  superintendent  or  person  in  charge  of 
any  such  institution,  who  shall  refuse  to  admit  any 
person  so  designated,  or  shall  refuse  to  give  said 
visitors  all  requisite  facilities  for  the  examination  and 
inspection  herein  provided  for,  shall  be  subject  to  a 
penalty  of  two  hundred  and  fifty  dollars  for  each  such 
refusal,  which  penalty  may  be  sued  and  recovered  in 

91 


the  name  of  the  people  of  the  State,  by  the  District 
Attorney  of  the  County  in  which  said  Institution  is 
situated,  and  the  sum  so  recovered  shall  be  paid  into 
the  Treasury  of  the  State. — Section  1,  Act  of  May  7th, 
1874. 


92 


PENNSYLVANIA    PRISON    SOCIETY. 


RELATING  TO  THE  PHILADELPHIA  SOCIETY  FOR 
ALLEVIATING  THE  MISERIES  OF  PUBLIC  PRISONS, 
AND  TO  THE  PENNSYLVANIA  PRISON  SOCIETY. 


Ill 
Prison  Society  Incorporated. 


5e  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  Commonwealth  of  Pennsylvania, 
in  General  Assembly  met  and  it  is  hereby  enacted  by 
the  authority  of  the  same,  That  all  and  every  of  the 
persons  who  shall  at  the  time  of  the  passing  of  this 
Act,  be  members  of  the  society  called  ''The  Philadel- 
phia Society  for  Alleviating  the  Miseries  of  Public 
Prisons' '  shall  be  and  they  are  hereby  created  and  de- 
clared to  be  one  body  politic  and  corporate,  by  the 
name,  style  and  title  of  ''The  Society  for  Alleviating 
the  Miseries  of  Public  Prisons,"  and  by  the  same 
name  shall  have  perpetual  succession,  and  shall  be 
able  to  sue  and  be  sued,  implead  and  be  impleaded  in 
all  courts  of  record  and  elsewhere,  and  to  take,  receive, 

Privileges  and 

hold  and  enjoy,  by  purchase,  grant,  devise  or  bequest     liabilities. 
to  them  and  their  successors,  lands,  tenements,  rents, 

93 


Income  limited. 


To  make  by- 
laws, Ac. 


Objects  of  the 
Association. 


annuities,  franchises,  hereditaments,  goods  and  chat- 
tels of  what  nature,  kind  or  quality  soever  real,  person- 
al, or  mixed,  or  choses  in  action,  and  the  same  from 
time  to  time,  to  sell,  grant,  devise,  alien  or  dispose 
of:  Provided,  That  the  clear  yearly  value  or  income  of 
the  necessary  houses,  lands  and  tenements,  rents,  an- 
nuities, or  other  hereditaments  and  real  estate  of  the 
said  corporation,  and  the  interest  of  money  by  it  lent, 
shall  not  exceed  the  sum  of  five  thousand  dollars  ;  and 
also  to  make  and  have  a  common  seal,  and  the  same 
to  break,  alter  and  renew  at  pleasure  ;  and  also  to  or- 
dain, establish  and  put  in  execution  such  by  laws,  or- 
dinances, and  regulations  as  shall  appear  necessary 
and  convenient  for  the  government  of  the  said  corpor- 
ation, not  being  contrary  to  this  charter,  or  the  Con- 
stitution and  Laws  of  the  United  States  or  of  this 
Commonwealth,  and  generally  do  all  and  singular  the 
matters  and  things  which  to  them  it  shall  lawfully  ap- 
pertain to  do  for  the  well  being  of  the  said  corpora- 
tion, and  the  due  management  and  ordering  of  the  af- 
fairs thereof  :  And  Provided  further.  That  the  objects 
of  this  Society  shall  be  confined  to  the  alleviation  of 
the  miseries  of  public  prisons,  the  improvement  of  the 
prison  discipline,  and  the  relief  of  discharged  prison- 
ers.— Section  1,  Act  of  April  6th,  18 38. 


112 
$3000.00  Appropriated  for  Discharged   Prisoners 


To  the  Society  for  Alleviating  the  Miseries  of  Pub- 
lic Prisons,  in  the  City  of  Philadelphia,  the  sum  of 
three  thousand  dollars  to  be  applied  to  the  relief  of 
prisoners  discharged  from  the  Eastern   Penitentiary. 

—Section  66,  Act  of  May  27th,  1871. 


1)4 


113 

$3000.00    TO    Prison    Society    for     Carrying     on 

Their  Work. 


Be  it  enacted,  &c. ,  That  the  sum  of  three  thousand 
dollars  be  and  the  same  is  hereby  specifically  appro- 
priated to  the  Philadelphia  Society  for  Alleviating  the 
Miseries  of  Public  Prisons,  to  enable  the  Society  to 
carry  out  the  objects  of  the  Association  for  the  year 
commencing  on  the  first  day  of  June,  1876,  to  be  paid 
out  of  any  money  in  the  Treasury  not  otherwise  ap- 
propriated.— Act  of  May  13th,  1876. 


114 
Appropriation  for  1889. 


Be  it  enacted,  &c. ,  That  the  sum  of  five  thousand 
dollars  is  hereby  specifically  appropriated  to  the 
Pennsylvania  Prison  Society,  for  the  relief  of  prisoners 
discharged  from  the  Eastern  Penitentiary,  to-wit  : 
for  the  year  beginning  on  the  first  day  of  June,  1889, 
twenty-five  hundred  dollars  ;  for  the  year  beginning 
on  the  first  day  of  June,  1890,  twenty-five  hundred 
dollars,  to  be  paid  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated  :  Provided,  That  the  said 
Pennsylvania  Prison  Society,  shall  file  quarterly  with 
the  Auditor  General  an  itemized  account  under  oath 
or  affirmation  of  the  expenditure  of  said  appropria- 
tion—^c^  of  the  6th  of  May,  1889. 


115 
Appropriation  for  1891. 


Be  it  enacted,  &c..  That  the  sum  of  five  thousand 
dollars  is  hereby  specifically  appropriated  to  the  Penn- 
sylvania Prison  Society,  for  the  relief  of  prisoners  dis- 
charged from  the  Eastern  Penitentiary,   to-wit  :  for 


Appropriation 
for  relief  of 
discharged 
prisoners  from 
E.  S.  P. 


Appropriation 
for  the  relief  of 
prisoners  dis- 
charged from 
E.  S.  P. 


»5 


the  year  beginning  on  the  first  day  of  June,  1891, 
twenty-five  hundred  dollars ;  for  the  year  beginning 
on  the  first  day  of  June,  1892,  twenty-five  hundred 
dollars.  The  appropriation  to  be  paid  on  the  warrant 
of  the  Auditor  General  on  a  settlement  made  by  him 
and  the  State  Treasurer,  but  no  warrant  shall  be 
drawn  or  settlement  made  until  the  Directors  or 
Managers  of  said  Society  shall  have  made,  under  oath 
to  the  Auditor  General  a  report  containing  an  item- 
ized statement  of  the  expenses  of  said  Society  during 
the  previous  quarter  and  the  same  is  approved  by  him 
and  the  State  Treasurer,  nor  until  the  Treasurer  shall 
have  sufficient  money  in  the  Treasury  not  otherwise 
appropriated  to  pay  the  quarterly  instalments  due. — 
Act  of  the  16th  of  June,  1891. 


116 
Appropriation  for  1893. 


Be  it  enacted,  &c. ,  That  the  sum  of  six  thousand 
$6000.00  for  dollars,  or  so  much  thereof  as  may  be  necessary,  be  and 

relief  of  prison-  ,  .on  •    x     i    ^       xi 

ers  for  1893  and      the   samc  IS  hereby  specifically  appropriated  to  the 

^^^^  Pennsylvania  Prison  Society  for  the  two  fiscal  years 

beginning  June  1st,  1893,  for  the  relief  of  prisoners 

discharged  from  the  Eastern  Penitentiary. — Act  of  May 

26th,  1893. 

Since  1893  the  Society  has  received  no  aid  from  the  Legislature. 


96 


THE  WARDEN 


AN  ACT  AMENDING  ARTlCIvE  TWO  OF  AN  ACT  ENTI- 
TITIvED  "A  FURTHER  SUPPLEMENT  TO  AN  ACT  EN- 
TITLED '  AN  ACT  TO  REFORM  THE  PENAL  LAWS  OF 
THIS  COMMONWEALTH '  APPROVED  APRIL  TWEN- 
TY-THIRD ANNO  DOMINI  ONE  THOUSAND  EIGHT 
HUNDRED  AND  TWENTY-NINE"  BY  PROVIDING 
THAT  THE  WARDEN  OF  A  PENITENTIARY 
MAY  RESHJE  OUTSIDE  THEREOF. 


117 

Be  and  the  Same  is    Hereby    Amended    to    Read 
AS    Follows. 


^  Be  it  enacted,  &.,  That  the  Warden  may  reside  out- 
side of  the  grounds  of  the  Penitentiary  but  his  place 
of  residence  must  be  in  the  vicinity  thereof  and  con- 
venient thereto ;  he  shall  visit  every  cell  and  apartment 
and  see  every  prisoner  under  his  care  at  least  once  in 
every  day;  he  shall  keep  a  journal  in  which  shall  be 
regularly  entered  the  reception,  discharge,  death,  par- 
don or  escape  of  any  prisoner,  and  also  the  complaints 
that  are  made  and  the  punishments  that  are  inflicted 
for  the  breacli  of  prison  dicipline  as  they  occur,  the 
visits  of  the  Inspector  and  the  Physician  and  all  other 
occurances  of  note  that  concern  the  state  of  the  prison 
except  the  receipt  and  expenditures,  the  account  of 
w^hich  is  to  be  kept  in  the  manner  hereinafter  directed. 
The  Warden  shall  appoint  the  under-keepers,  who 
shall  be  called  Overseers  and  all  necessary  servants  and 


An  Act,  pro- 
viding that  the 
Warden  of  a 
Penitentiary 
may  reside 
outside  thereof. 


FELONIES.  —  Continued. 

Penalty  Kino 

Bastards,   concealing  death  of  a  bas- 
tard child 3  years     

Breaking  and  Entering 10     "  500 

Burglary 10     ''       $1000 

Counterfeiting,     making    or    coloring 

counterfeit  coin  with  intent  to  pass 

the  same o     "         1000 

Counterfeiting,  impairing  coin 3     "  500 

Counterfeiting,    buying    and     selling 

counterfeit  coin 5     '^         1000 

Counterfeiting,  making  copper  coins ..     3     '^         1000 
Counterfeiting,   altering   and    passing 

bank  notes,   having  possession   of 

plates,  bank  note  paper,  bank  notes 

U.  S.,  or  corporation  bonds,  mak- 
ing or  having  possession  of  plates 

for  counterfeiting  bonds ;  printing 

and  publishing  circulars  advertising 

green  goods 5     ^'         1000 

Felonious  entry 10     "  500 

Horsestealing 10     "  500 

Kidnapping  infants  or  persons    with 

intent   to  extort  money  for   their 

restoration Life  imprisonment 

Kidnappers,  their  aiders  and  abetters. .  25  years,  $5000 

Larceny,  simple 3     ''  500 

Larceny  by  bailee 3     "  500 

Larceny  from  the  person 5     "         1000 

Liarceny  from  houses  or  other  buildings     4     ''  500 

Larceny,  stealing    metal    and    other 

fixtures 3     "  500 

Larceny,  servants  stealing  chattels  re- 
ceived on  account    of  their  masters     3     ^'  500 
Larceny    of    bank     bills    and    other 

securities 3     '^  500 

Larceny  of  school  books 3     ' '  500 

98 


FELONIES.— Co»i/m/f'r/. 

Penalty  Fine 

Larceii}^,  letters  patent,   wills,  dieeds, 

&c 2  years  500 

Malicious  mischief  by  explosives  3     ''  500 

Malicious  mischief  to  railroads 10     ' '  10000 

Malicious  Mischief,  removing  packing 

from  journal  box 5     "  500 

Murder,  first  degree Death         

Murder,  2nd  degree   20  years       

Murder,  2nd  degree,  2nd  conviction...     Life  

Murder,  wilful  obstruction  of  railroad 

signals  resulting  in  death Death         

Voluntary  manslaughter 12  years  an d 

$1000  security  for  good  behaviour  balance  of  life. 
Railroad  train-breaking  and  entering 

railroad  cars  with  intent  to  commit 

a  felony 4  years  $500 

Rape,  felonious 15     ''  1000 

Receiving  stolen  goods 3     "■  500 

Robbery 20     ''  10000 

Robbery  and  larceny  from  the  person  5  '•  1000 
Robbery,  being  armed  with  an  offensive 

weapon 10     ''  1000 

Robbery,  by  threats  to  accuse  of  an 

infamous  crime 10     '  •  1000 

Robbery   of  bank  vaults  by  force  or 

drugging  20     "  10000 

Sodomy  and  Buggery  10     "  1000 


MISDEMEANORS. 


Adidteration,     selling     unwholesome 

provisions    or   adulterated    liquors 

and  medicine 6  mos.        100 

Advertisement  of  medicines  to  procure 

abortion  or  prevent  conception 6  mos.     1000 

1)!) 


MmBEMEA^OR^.— Continued. 

Penalty  Fine 

Accessory  after  the  fact  2  year  500 

Adulteration,     selling     unwholesome 

provisions  or  adulterated  liquors  or 

medicines 3  mos.  100 

Adultery 1  year  500 

Arson,  firing  buildings  not  dwellings  10  ''  2000 
Arson,   firing  with  intent  to  defraud 

insurers 7     "  1000 

Arson,  firing  woods 1     "  100 

Arson,  firing  woodland 1     '^  300 

Arson,  firing  timberland 100 

Attempt    and  solicitation   to   commit 

sodomy  and  buggery 3  years  300 

Assault  and  battery,  simple 1     ' '  1000 

Assault  and  battery,  aggravated 3     ' '  1000 

Assault  and   battery   with  intent  to 

ravish 5     ^'  1000 

Assault  and  battery  on  health  officer..  3  '^  200 
Banks,  receipt  of  deposits  by  officers 

of  insolvent  banks, 3     '^    coubieamt 

^  received 

Banks,  penalty  of  violation  of  oath  by 

bank  officer 3     ''         1000 

Banks,  penalty  for   omitting  to   make 

statement 1000 

Barratry 1  year        100 

Bawdy    house,    keeping    or     leasing 

house  for  that  purpose 2     '^         1000 

Buying   or    receiving   of   junk,  rope, 

scrap  iron,  or  brass,  or  other  metal 

from  minors  or  irresponsible  parties     1     '^  500 

Bigamy  2     ''         1000 

Blackmail 3     "         1000 

Blasphemy 3  mos.         100 

Bottles,    refilling    or     trafficking     in 

registered  6     "  500 

100 


'  MISDEMEANORS.  — Oon^inwec/. 

Penalty  Fine 

Bribery  5years      1000 

(TJie  penalty  varies  in  the  different  classes  of  the  crime. ) 

Cattle,    killing  maiming  or  poisoning 

cattle,  horses,   etc 3     '^  500 

Constables,  failure  to  return  list  of 
liquor  sellers ". 2     "  500 

Counterfeit  gold  and  silver  coin,  utter- 
ing of 5     ''         1000 

Coining  tools,   making   or    having   in 

possession  6     '^         1000 

Compounding  Crime 3     ^ '         1000 

Conspiracy 2     "  500 

Conspiring  to  indict  falsely 3     ''         1000 

Convict  made  goods,   penalty  for  not 

branding 1     "         1000 

Co-operative  Associations,  making 
false  account  of  receipts  and  pay- 
ments, making  false  statement  of 
assets  and  liabilities  1     ^'         1000 

Corporate  officers,  fraudulent  accounts 
4s:ept  by  corporate  officers 6     "         1000 

Criminals,  importing  1     ^'  300 

Cruelty  to  Animals 1     ^'  200 

Dead  bodies,  trafficking  in 1     ' '  200 

Deadly   weapons,    carrying   concealed 

deadly  weapons. 1     ''  500 

Deadly  weapons,  selling  deadly  weap- 
ons to  minors 300 

Deadly  weapons,  manufacture  and  sale 

of  deadly  weapons 1     ''  500 

Deadly  w^eapons,  playfully  or  wantonly 

pointing  a  pistol 1     '^         1000 

Detectives,  carrying  on  business  as  a 

detective  without  a  license 1     ^ '  500 

Disorderly  house 1     ' '  500 

Divulging  contents  of  telegraph  or 
telephone  message  6  mos.        100 

101 


lot 


MISDEMEANORS.  — ro>?^/>r*/^f/.  • 

IVnalty  Kino 

Duelling 3  years  5()() 

Elections,  all  violations  of  the  election 

laws  are  misdemeanors 5     "  1000 

Electricity,  interference  with  electrical 

machinery 1     "  1000 

Employment  of  minor  children  in  per- 
formances and  exhibitions 

Embezzlement 10     "  Sezzied 

Embracery 1      '^  500 

EscaDC  Term  not  exceeding 

■^     original  sentence 

Escape,  aiding  a  prisoner  to 2  years  500 

Escape,  voluntary  by  officers 5     "  500 

Extortion 1     ''  500 

False  Pretense  3     ''  500 

Fast  driving,  trains,  etc 5     ''  500 

Fire  alarms,  giving  false  alarms 2     ' '  500 

Forgery 10     ''  1000 

Fornication  and  bastardy  Imprisonment  or  fine 

Fortune  telling 5  year  500 

Fraudulent  confession  of  judgment ...  2     "  1000 
Fugitives,   removal  of  fugitives  from 
justice  from  the  state  without  re- 
quisition    1     ' '        

Gambling 1     ''  500 

Importing  criminals 1      ''  300 

Incestuous  fornication  3     ' '  500 

Indecency 1      ''  100 

Infants,  kidnapping  or  enticing  child- 
ren from  parents  7     ' '  2000 

Infants,  cruelty  to  infants  or  appren- 
tices    2     ''  500 

Infants,  abandoning  infants  1      '*  100 

Infants,  taking  minors  for  sexual  in- 
tercourse   5     ''  1000 

Insanity,  giving  false  certificate  of  in- 
sanity   1     ''  500 

102 


u 


a  a 


MmDKMEA]^ORH.—(Jontirmed. 

Poiiiilty  Fine 

Insanity,  keeping  insane  asylum  with- 
out   license At  discretion  ot  Court 

Insanity,  violating  rules  and  regula- 
tions of  committee  on  lunacy 

Insanity,  detention  of  person  in  insane 
asylum  in  violation  of  Act  of  As- 
sembly   

Insanity,    giving   false    certificate    of 

admission  to  insane  asylum ^^  '' 

Insolvency,  fraudulent 7  years     1000 

Insolvent,    collusion  with   to   conceal 

effects 2     ''       10000 

Insurance,  penalty  for  frauds  upon  in- 
surance companies 1     ''        1000 

Insurance,  unauthorized  policies  of  in- 
surance forbidden costs  and  $200 

Insurance,  penalty  on  agents  of  foreign 
insurance  companies  for  transacting 
business 5000 

Iij^surance,  discrimination  between  pol- 
icy holders  forbidden 500 

Insurance,     penalty     for    contracting 

with  foreign  insurance  companies 500 

Insurance,  agents  of  foreign  insurance 
companies  to  have  certificate  of  in- 
surance   500 

Insurance,  insurance  brokers  to  have 

certificate  of  insurance 300 

Insurance,  transacting  business  of  un- 
authorized foreign  companies 1  year      1000 

Insurance,  penalty  for  advertising  as 
agent  of  an  unauthorized  insurance 
company 1000 

Insurance,  penalty  for  acting  on  be- 
half of  foreign  mutual  assessment, 
life  and  accident  insurance  compan- 
ies not  complying  with  act 90  days      500 

108      • 


MISDEMEANORS— Co»ii»?/^f/ 

Penalty  Fine 

Insurance,   penalty  for   illegal   boiler 

insurance (in  County  Jail )     2  years     5000 

Involuntary  manslaughter 2     ''         1000 

Illegal  letting  of  contracts  in  cities  of 

the  third  class 1     "         1000 

Knowingly  marrying  husband  or  wife 

of  another 2     ''  500 

Labor  union,    penalty  for  unlawfully 

wearing  certain  decorations 10  days         20 

Labor  unions,  penalty  for  illegally 
wearing  insignia  of  labor  organiza- 
tions,  etc 100 

Labor  unions,  penalty  for  coercion  of 
employers  in  regard  to  labor  organ- 
izations prohibited 1  year      2000 

Larceny  of  coal  and  iron  ore  in  mines     1     ' '         1000 

Libels 1     ''         1000 

Liquors,  violations  of  liquor  laws 1     ''         5000 

Lotteries,  violations  of  lottery  laws...     2     "         1000 

Malicious  mischief 3     ''         1000 

Mayhem 5     "         1000 

Manufacture  and  sale  of  fire  crackers 

containing  dynamite 1     ''  100 

Obscenity,  sale  of  obscene  labels  and 

prints 1     "  500 

Obscenity,  public  exhibition  of  in- 
decent pictures 300 

Obscenity,  selling,  lending,  giving  or 
advertising  indecent  books  or  pic- 
tures      2     "  500 

Obscenity,  drawing  or  posting  indecent 

pictures  or  writings  in  public  places     1     ' '  500 

Obscene  literature,  making  and  pub- 
lishing      1     ''  500 

Opium  joints,  keeping  apparatus  for 

opium  smoking 1     ' '  500 


104 


MISDEMEANORS—  Continued 

Penalty  Fine 

Opium   Joints,    soliciting    persons    to 

visit  opium  joints 1  years       500 

Partnerships,  fraudulent  conversion  of 

co-partnership  property 2     "         1000 

Partnerships,    fraudulent    entries    by 

partner  in  firm  books 2     "         1000 

Perjury  7     ''  500 

Prize  fighting 2     ''         1000 

Public  contracts,  no  city  contract  or 
warrant  to  be  drawn  without  preced- 
ing appropriation 3     ^'         5000 

and  forever  disqualified  forholdingofficeof  trust  under  state  or  municipality 

Public  debt,  unlawful  increase  of  in- 
debtedness of  municipalities 1     "'       10000 

Public  moneys,  loaning  public  money     5     '^         1000 

Public  money,  depositing  public  money 

forgain  1      ''         1000 

Public    moneys,    selling    or    making 

profit  out  of  public  moneys *''^^fo^r"re-electioif  ^'^ 

Public  officers,  contractors  with  a  cor- 
poration not  to  offer  its  officers  a  re- 
ward      500 

Public  officers,  misuse  of  public  prop- 
erty b}^  public  officers 1     "        1000 

Public  officers,   not  to  be  concerned  in 

public  contracts *oOO  fine.     Removal 

r  Irom   office 

Public    officers,   penalty  for  receiving 

gratuities  or  percentages cSveli"^  im''"risonme'in^ 

Public     officers,      misapplication      of 

special  funds i  '"'^ap™"^  ""'" 

Public  officers,  withholding  money  by 

road  supervisors 

Public  officers,  school  directors  not  to 

be  interested    in  furnishing    school 

books 

Public  officers  of  cities  of  third  class 

not  to  purchase  warrants  or  claims 

against  city 100 

Public  officers,    violation  of  oaths  of 

office  by  officers  of  third  class 1     "        1000 

105 


MISDEMEANORS.  — C'o»ii>/v/^r/. 

Penalty  Fine 

Public  officers,  misuse  of  city  property 

by  officers  of  third  class 1  year       1000 

Public  officers  of  cities  of  third  class 

not  to  be  surety  for  each  other 500 

Public    Presentation    of    unpublished 

plays  and  compositions 3  nios.         500 

Railroad   employees,    negligence    and 

disobedience  of,  resulting  in  death..  5  years  5000 
Railroad  tickets,  unauthorized  persons 

not  to  sell  1     ''           500 

Railroad  tickets, larceny  and  forgery  of  5     ' '         1000 

Re-hypothecation  of  stocks  and  bonds  5     ' '         5000 

Riot 3     "           500 

Riotous  destruction  of  buildings,  &c...     7     '^  

Seduction 3     "         5000 

Threatening  letters 8     ''         1000 

Trespass 1     ''         1000 

Venereal  diseases,  advertising  nos- 
trums and  medicines  for  cure  of 6  mos.       1000 

Witnesses,    dissuading,    hindering   or 

preventing  witnesses  from  testifying  1  year  .  500 
Violation   of    act    regulating   foreign 

mutual  savings  fund  building  and 

loan  associations  1     '^           500 

Violations  of  bribery  act  5     ' '         1000 

Unlawfully  advertising  as  a  lawyer...  1     ^'           500 


UNCLASSIFIED  CRIMES. 

Contempt  of  Court At  discretion  of  court 

Forcible  entry  and  detainer 1  year     $  500 

Treason 12     "         2000 

Train  robbery Not  less  than  15     "  


SECOND   CONVICTION. 


If  anj'  person  wliohas  been  convicted  ofany  offence,  other  than  murder  of  the 
second  degree,  for  which  the  punishment  prescribed  by  this  code  is  imprison- 
ment by  separate  or  solitary  confinement  at  labor,  shall,  after  such  conviction, 
be  guilty  of  a  similar  offense,  or  of  any  offense  for  which  such  punishment  is  di- 
rected, he  shall  in  either  case,  upon  conviction,  be  sentenced  to  undergo  an  im- 
prisonment, and  be  kept  at  labor,  not  exceeding  double  the  whole  period  of 
time  which  may,  by  the  penal  laws  of  this  Commonwealth,  be  prescribed  for  the 
crime  of  which  he  is  convicted.— Act  of  March  31st,  1860 

lOfi 


APPROPRIATIONS. 


THE  FOLLOWING  SUMS  OF  MONEY  HAVE  BEEN 
APPROPRIATED  TO  THE  EASTERN  STATE  PENI- 
TENTIARY BY  THE  LEGISLATURE  OF  THE 
STATE   SINCE  1821. 

For  Buildings. 


Year 


1821 
1824 
1825 
1826 


Amount  Year  Amount  Year  Amount 


$100,000 
80,000 
60,000 
89,124.09 


1827 
1828 
1833 
1835 


1,000 

4,000 

130,000 

60,000 


1838 
1871 
1877 
1878 


10,000 

1,000 

55,000 

29,250 

$619,374.09 


For  Salaries. 


Year 

Amount 

Year 

Amount 

Year 

Amount 

1843 

$  8,000 

1864 

14,800 

1885 

38,925 

1844 

8,000 

1865 

17,500 

1886 

38,925 

1845 

8,000 

■  1866 

17,800 

1  1887 

45,179 

1846 

8,000 

1  1867 

17,800 

I  1888 

38,925 

1847 

8,000 

i  1868 

20,000 

!  1889 

21,500 

1848 

8,000 

1  1869 

20,000 

!  1890 

21,500 

1849 

8,000 

!  1870 

20,000 

1  1891 

47,000 

1850 

8,000 

1  1871 

27,000 

1892 

47,000 

1851 

8,000 

1  1872 

27,000 

1893 

47,000 

1852 

8,000 

1873 

27,000 

1894 

47,000 

1853 

8,000 

1  1874 

27,000 

1895 

50,000 

1854 

8,000 

i  1875 

27,000 

1896 

50,000 

1855 

9,500 

i  1876 

29,675 

1897 

50,000 

1856 

8,700 

1  1877 

29,675 

1898 

50,000 

1857 

9,200 

1  1878 

38,000 

1899 

60,000 

1858 

12,895 

1879 

38,925 

1900 

60,000 

1859 

12,895 

!  1880 

38,925 

1901 

62,500 

1860 

12,800 

!  1881 

38,925 

1902 

62,500 

1861 

12,800 

1  1882 

38,925 

1903 

63,500 

1862 

12,800 

1883 

38,925   1 

1904 

63,500 

1863 

12,800 

1884 

38,925 

107 


Books,  Statioxery  and  Library. 


Year 

Amount 

Year 

1 

Amount 

Year 

Amount 

1863 

$250 

1877 

$500 

i  1891 

$500 

1864 

250 

1878 

500    1 

:  1892 

500 

1865 

250 

1879 

500 

1893 

500 

1866 

650 

1880 

500 

1894 

500 

1867 

650 

1881 

500 

1  1895 

500 

1868 

650 

1882 

500 

1896 

500 

1869 

650 

1883 

500 

1897 

500 

1870 

1,000    1 

1884 

500 

1898 

500 

1871 

1,000 

1  1885 

500 

1  1899 

500 

1872 

500 

1  1886 

500 

1900 

500 

1873 

500 

i  1887 

500 

1901 

500 

1874 

500    ! 

j  1888 

500 

1  1902 

500 

1875 

500 

!  1889 

500 

i  1903 

500 

1876 

500 

1  1890 

500 

1904 

500 

Repairs  to  Buildings. 


Year 

Amount 

1853 

$10,000 

1857 

3,000 

1859 

2,423 

1861 

15,000 

1862 

1,500 

1863 

1,500 

1865 

5,900 

1868 

2,000 

1869 

3,700 

1870 

1,600 

1871 

2,360 

1872 

2,000 

1873 

1,500 

1874 

1,000 

Year 

Amount 

1875 

$1,000 

1876 

1,500    i 

1877 

1,500    i 

1878 

1,500    i 

1879 

1,500    ! 

1880 

1,500    1 

j  1881 

1,500    ' 

!  1882 

1,500 

1883 

1,500    i 

1884 

1,500    1 

1885 

1,500 

1886 

1,500 

1887 

4,000 

1888 

1,500 

$1,500 
1,500 
1,500 
1,500 
1,500 
1,500 
1,000 
1,000 
1,500 
1,500 
1,000 
1,000 
1,500 
1,500 


Miscellaneous. 


Year  Amount 

1829    For  water $  5000 

1863  For  water 3000 

1864  For  water 10000 

1901     For  water 3000 

1829  For  manufacturing  purposes 1000 

1836    For  manufacturing  purposes 15000 

1830  For  manufacturing  purposes 4000 

1838    For  manufacturing  purposes 10000 


108 


Miscellaneous. — Contiimed. 

Vear  Amount 

1901     For  engine  and  boiler  house !J5000 

1853     For  paving,  &c 10000 

1857  For  paving,  &c 2000 

1858  For  paving,  &c 1000 

1901     For  tunnels... 3000 

1901     For  Engines,  dynamos,  &c 6000 

1901     For  boiler  for  cell  department 5000 

1901     For  extra  foundations 2000 

1901     For  pipings  and  fittings,  &c 3000 

1901     For  revision  of  electric  light 3000 

1908     For  revision  of  electric  light 2000 

1901     For  repairs  to  drainage 2000 

1903    For  addition  to  cook  house  and  mill 10000 

1903  For  covering  yard  walls  and  improving  ground  out- 
side of  wall 10000 

1901     For  belt  line  water  pipe 1400 

1901     For  alteration  to  boiler  house 1500 

1901     For  heating 4000 

1903    For  heating 15000 

1868    For  alteration  to  blocks 43000 

1872    For  alteration  to  blocks 3600 

1903    For  alteration  to  blocks 1650 

1863    For  introduction  of  gas 2500 

1871     For  introduction  of  gas 2210 


109 


INDEX. 


(The  references  refer  to  sections,  not  pages.) 


Art 

Accounts,  time  of  transmitting 66 

Accounts  of  Penitentiaries,  relating  to 75 

Accounts  of  manufacturing  to  be  kept 98 

Allowing  prisoners  to  escape,  penalty  for ^ 63 

An  Act  exempting  Penitentiaries  from  taxation 33 

An  Act  to  provide  for  the  imprisonment  of  persons  whose 

*  sentences  shall  be  commuted  by  the  Governor 54 

An  anatomical  society  organized 58 

An  Act  to  provide  for  the   custody  of  prisoners  committed 

under  the  authority  of  the  U.  S 62 

An  Act  governing  working  hours  of  convicts 93 

An  Act  governing  wages  of  convicts 94 

An  Act  to  provide  employment  for  convicts 95 

An  Act  relating  to  the  earnings  of  convicts 96 

Annual  statements,  contents  of 78 

Annual  reports  of  Inspectors  to  embrace  certain  statements 23 

Appropriations  in  general See  Appendix 

Appropriations  for  Buildings 4 

((  «  u  ^  j2 

"  "    water  supply 13 

"  "    buildings 17 

"  "  " 18 

111 


I'SDEX.—Contimed. 

Art. 

Appropriations  for  payment  of  debts 19 

"  "    gratuities 24 

"  "    certain  repairs 27 

"  "    salaries 28 

"  "        "      29 

"  "    paving 29 

"  "    discharged  convicts  under  Act  of  1860 30 

«  "  "  **  (Latest  Act) 31 

"  "    to  Eastern  Penitentiary 34 

"  "    salaries 34 

.      "    library 34 

"  "    tunnels 34 

"  "    engine  and  boiler  house 34 

"  "    engines  and  dvnamos 34 

"  "    boiler  and  settings 34 

"  V    extra  foundations 34 

"    •  "    pipings,  fittings,  pumps,  &c 34 

"  "    repairs  to  drainage  system 34 

"  "    belt  line  water  pipe 34 

"  "    water  service  connection 34 

"  "    revision  of  electric  light 34 

"  "    roof  of  7th  block. 34 

"  "    alteration  to  boiler  house 34 

"  "    manufacturing  purposes 97 

Appointment  of  Inspectors — Act  of  1829 67 

"  "  "  "     '•    1874 68 

Arbitrators,  disputes  to  be  referred  to 79 

Auditor  General  shall  demand  all  title  papers 86 

Bertillon  method  to  be  used 85 

Board  of  Public  Charities 105-110 

"     "      "  "       statements  of  Prison  Inspectors  to  be 

made  to 106 

Board  of  Public  Charities   to  appoint    visitors    to    various 

institutions 110 

112 


IISDEX.—Contimed. 

Art, 
Boilers  and  settings,  appropriations  for 34 

Building,  plan  of 3 

Branding  of  convict  made  goods  required 100 

Certain  counties  attached  to  Eastern  district 10 

"  Western     "      11 

"      appropriations  made  permanent 26 

"      counties  added  to  Western  district 33 

Commissioners  to  superintend  buildings 2 

Convicts  to  be  sent  to  the  Eastern  State  Penitentiary 6 

"       how  to  be  clothed,  fed,  &c , 35 

"  "     "   "  received 44 

"       relating  to  the  discharge  of 47 

"        may  select  spiritual  advisor 57 

"       certain  in  State  Prison  may  be  transferred  to  the 

Reformatory 59 

Clothing  and  diet  of  convicts 45 

Commissioners  to  serve  without  pay 7 

Commutation  of  sentences 61 

Cdhvict  labor 93-104 

"       made  goods  to  be  branded 100 

Construction  of  four  hundred  cells  authorized 14 

Conveyance  of  convicts  to  Eastern  Penitentiary,  by  whom  paid...  49 

Contents  of  annual  statements 78 

Contract  labor  abolished 99 

Coroner  of  Philadelphia  County  to  hold  inquests  in  certain  cases.  40 
County  Commissioners  to  loan  the  Inspectors  a  sum  of  money...  15 
Crimes  for  which  persons  are  to  be  sent  to  the  E.  S.  P.  and 

mode  of  punishment 43 

Daily,  weekly  and  monthly  papers  may  be  allowed  convicts 56 

Discharged  convicts,  appropriation  for 30 

"  31 

"  "  relatingto 47 

"  "         unable  to  pay  tines,  &c 48 

Disputes  to  be  referred  to  arbitrators 79 

113 


l^B^EX.—Coyitimed. 

Art. 

Distribution  of  dead  bodies  of  convicts 58 

Duties  of  Inspectors 69 

Warden 70 

"         Overseers 72 

"         Physician 73 

"         Of  Religious  Instructor 74 

Eastern  State  Penitentiary  to  be  erected 1 

Engine  and  boiler  house,  appropriation  for 34 

Engine  and  dynamos 34 

Establishment 1-34 

Exemption  of  Penitentiaries  from  taxation 33 

Exercise  of  prisoners 37 

Expense  of  keeping  convicts,  by  whom  paid 65 

Extra  foundations,  appropriations  for 34 

Fulfillment  of  sentence  to  have  effect  of  pardon 51 

Free  tobacco  may  be  furnished 55 

Felonies,  list  of,  with  maximum  penalties See  Appendix 

Gratuities  appropriations  for...... 24 

«  a  u 99 

Hours  of  labor  required  by  employees 101 

How  convicts  to  be  clothed,  fed,  &c 35 

Identification  of  habitual  criminals 85 

Insane  convicts 88-92 

"  "       removal  of  from  E.  S.  P.  to  asylum 88 

"      convicted  or  acquitted  of  any  crime  may  be  removed  to 

hospital 89 

Insane  convicts,  when  and  how  prisoners  to  be  remanded  to 

prison  or  for  trial 90 

Insane  convicts,  how  expenses  of  removal  to  be  paid 91 

"  "         proceedings  for  removal  to  hospital  under  act 

of  1883 92 

Inspectors,  appointment  of 68 

"         duties  of ". 69 

"         allowed  to  fix  salaries 29-34 

114 


l^DEX.—Coniimed. 

Art 

Itemized  statements  to  be  made  by  managers 87 

Labor  contracts  abolished 99 

"      hours  of,  required  of  employees 101 

"      accounts  of  convicts  to  be  kept  and  furnished  counties....  23 

Lawrence  county  attached  to  Western  district 9 

Legal  holidays 104 

Life  prisoners,  imprisonment  of,  provided  for 54 

Library,  appropriations  for  in  general See  Appendix 

Loan  of  $10,000.00  authorized 20 

Management  of  Penitentiaries 62-87 

Mode  of  Punishment 43 

Moral  Instructor,  salary  to  be  paid  to 76 

Misdemeanors,   List  of,    with  maximum    penalties   attached 

See  Appendix 

Number  of  convicts  to  be  employed 102 

Number  of  convicts  to  be  employed  limited  to  85  per  cent 103 

Overseers,  duties  of 72 

Paving,  appropriation  for 29 

""  "  "  in  general See  Appendix 

Papers,  daily,  weekly  and  monthly  may  be  allowed  convicts 56 

Penitentiary,  Eastern  to  be  erected 1 

"  districts 8 

"  exempted  from  taxation 33 

Penalty  for  selling  spirituous  liquor  to  convicts 39 

Pennsylvania  Prison  Society 116 

Plan  of  building 3 

Plan  of  prisons  to  be  inspected  by  Board  of  Public  Charities 109 

Physicians,  duties  of 73 

Pipings,  fittings,  pumps  &c.,  appropriation  for 34 

Potter  County  added  to  Eastern  district 25 

Prisoners,  relating  to  the  exercise  of 37 

"  "  "       punishment  of 38 

"         of  war,  relating  to  the  receiving  of , 64 

"         "  the  U.  S.  to  be  received 71 

115 


miW^X.—Contimed. 

Art_ 

Punishment  of  prisoners  for  breach  of  prison  rules 38 

"  mode  of 43 

Quarterly  statements  to  be  made 83 

Repairs,  appropriation  for 27 

"  "  "  in  general See  Appendix 

Reception  of  convicts 44 

Reformatory,  certain  convicts  in  State  Prisons  may  be  trans- 
ferred to 59 

Reformatory  certain  convicts  in,  may  be  transferred  to  State 

Prison 60 

Records  in  charitable  and  other  institutions  to  be  kept 108 

Regulations  for  conduct  of  convicts  in  penitentiary 43 

Religious  instructor,  duties  of 74 

Sale  of  certain  property  authorized 5 

Salaries  in  general See  Appendix 

"      regulated 21 

"      appropriations  for 34 

"      to  be  paid  quarterly 80 

"      Inspectors  allowed  to  fix 34-29 

Sentences  not  to  expire  between  certain  dates 50 

"        to  penitentiary  not  to  be  less  than  a  year 52 

"        commutation  of 61 

Separate  accounts  of  prisoners  to  be  kept 23 

Solitary  confinement,  sentence  to 41 

State  divided  into  two  districts 8 

"    Treasurer  to  loan  $10,000.00  for  manufacturing  purposes...  30 

Statements  to  be  furnished  counties 23 

"  sworn  to,  to  be  filed  monthly 84 

"  to  be  made  to  Board  of  Public  Charities  by  Prison 

Inspectors 106 

Time  of  removal  of  prisoners  from  Philadelphia  County  Jail 

to  E   S.  P 16 

Tobacco  allowed  prisoners 53 

Time  statements  are  to  be  returned 107 

no 


INDEX .— Continued. 

Art. 

Title  papers  are  to  be  held  by  the  Auditor  General 86 

Treatment  of  prisoners 35-61 

Treasurer  of  Board  of  Inspectors  to  be  paid  a  salary 77 

Tunnels,  appropriation  for 34 

Use  of  tobacco  allowed 53 

U.  S.  prisoners  to  be  received 71 

Visitors,  rules  and  regulations  relating  to 36-46 

Water  supply,  appropriation  for 13 

War,  relating  to  the  receiving  of  prisoners  of 64 

• 
Warden  to  keep  record  of  violation  of  rules 81 

"      to  advertise  for  bids  to  furnish  supplies 83 

"      duties  of 70 

"      authorized  to  administer  oaths 17 


PRESS   OF 

Eastern  State  Penitentiary 
philadelphia,  pa. 


Yc  3rRif 


no 


3597i>^ 


^ 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


